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HomeMy WebLinkAbout161 - 12/05/2023 - AUTHORIZING THE CONVEYANCE OF THREE PERMANENT EASEMENTS AND A LICENSE TO ENTER TO COLORADO STATE UNIr r ORDINANCE NO.161,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF THREE PERMANENT EASEMENTS AND A LICENSE TO ENTER TO COLORADO STATE UNIVERSITY FOR INSTALLATION OF FIBER OPTIC CABLES ON CITY PROPERTY WHEREAS,the City owns various interests in real property located north of Cherry Street in Fort Collins including: •a 65%interest in the property described as Lot I,Fort Collins Discovery Museum (“the Museum Property”)(the other 35%being owned by the Fort Collins Museum of Discovery Nonprofit Partner j”MOD”j as tenant in common with the City); •a portion of Block 24 located between and connecting the right of way for Mason Court and the Museum Property (the “Block 24 Property”); •the property located at 430 North College Avenue (the “Powerhouse Campus”)that is leased to the Colorado State University Research Foundation (“CSURF,”now known as “CSU STRATA”)pursuant to a lease agreement between the City and CSURF dated February 29,2012 (the “Powerhouse Lease”);and •a utility tunnel running under and between Lot 1 and the Powerhouse Campus (the “Tunnel”);and WHEREAS,the Museum Property,the Block 24 Property and the Powerhouse Campus are more particularly described and shown on Exhibits “A-F’,“A-i’,and “A 3”respectively, attached and incorporated herein by this reference:and WHEREAS,the general location of the Tunnel is shown on Exhibit “B”,attached and incorporated herein by this reference;and WHEREAS,Colorado State University (“CSU”)has been working for some time to establish a fiber optic connection between the CSU main campus and the Powerhouse Campus; and WHEREAS.CSU already has fiber optic cable installed along Mason Street from Laurel Street to Laporte Avenue,and is now planning a project to complete the connection across the City properties described above (the “Project”);and WHEREAS,to accommodate the Project,City staff recommends that the City grant CSU permanent easements across the Block 24 Properly (the “First Easement”)and the Powerhouse Campus (the “Third Easement”),as well as i license to enter for the interior of the tunnel (the “License”),and that the City and MOD grant CSU a permanent easement across the Museum Property (the “Second Easement”);and r. WHEREAS,the First,Second and Third Easements are more particularly described and shown on Exhibits “C,”“D,”and “E”respectively,attached and incorporated herein by this reference;and WHEREAS,the Powerhouse Campus property and the Tunnel are owned by the City’s electric utility;and WHEREAS,Section 23-111 of the City Code authorizes the City Council to sell,convey or otherwise dispose of any interests 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 interests of the City and, with respect to property which is part of the City’s 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;and WHEREAS,Section 10 of Article XI of the City Charter authorizes the City Council to grant a permit at any time for the use or occupation of any street,alley,or public place,provided that any such permit shall be revocable by the Council at its pleasure;and WHEREAS,Section 16 of Article II of the City Charter authorizes the City Council,by ordinance or resolution,to enter into cooperative or joint activities with other governmental bodies; and WHEREAS,City staff estimates the fair market value of the Easements to the City to be $7,745;however,staff is recommending that the City not charge CSU for the Easements and the License as the conveyance serves a bona fide public purpose under Section 23-114 of the City Code because: (1)The use of the Easements and License will enhance CSU STRATA’s continued use of the Powerhouse Campus for research and development of alternate energy solutions, which promotes health,safety or general welfare and benefits a significant segment of the citizens of Fort Collins; (2)The use to which the Easements and License will be put supports one or more of the City Council’s goals,adopted policies,projects or plans by continuing the support the City Council has previously shown through the minimal rent ($25 per year)the City charges CSU STRATA under the Powerhouse Lease; (3)The financial support provided by the City through the below-market conveyance of the Easements and License is only a small portion of the total cost of the Project, estimated at approximately $350,000,and will be leveraged with other funding or assistance from CSU including federal grants and donations; (4)Conveyance of the Easements and License 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;and (5)Conveying the Easements and License 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. 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 conveyance of the Easements and the License to CSU,as provided herein is in the best interests of the City,will not impair the viability of the electric utility system as a whole,and will be for the benefit of the citizens of the City. Section 3.That the conveyance of the MOD Easement by the City is contingent upon MOD’s approval of the Easement conveyance. Section 4.That the City Council hereby authorizes the Mayor to execute such documents as are necessary to convey the Easements and License to CSU on terms and conditions consistent with this Ordinance,together with such 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 Easements or License,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 21st day of November,2023,and to be presented for final passage on .,th day of De:i’~~er,2023.a ATtEST: VflyClerk Passed and adopted on fina~-~ng this 5th day of ecember,2023. ATFEST: City erk / EXHIBIT A TO ORDINANCE NO.161 2003 Exhibit A-i Larger Parcel Description (Page 1 ofl) Legal Description per County Assessor: LOT 1,FORT COLLINS DISCOVERY MUSEUM,FTC (20100052838) Location Address: 408 Mason Court Fort Collins,CO 80524 Assessor Parcel Number: 97111-38-901 JL I I Iz~!‘SRE~ ~i [.300 600ft HN I E Sc, /~\Ml LI TrF Page 8 of 10 EXHIBIT A TO ORDINANCE NO.161,2003 Exhibit A-2 Larger Parcel Description (Page 1 ofl) Le2aI Description: A tract of land located in Block 24,City of Fort Collins,Colorado,located in the Northeast Quarter (NE/4)of Section 11,Township 7 North (TTh),Range 69 West (R69W),6th P.M., Larimer County,Colorado,being more particularly described as Parcel “B”in Special Warranty Deed dated June 27,1997,from Wonderland Hill Development Company to the City of Fort Collins,recorded at Reception No.19970041141,Clerk and Recorder’s Records,Larimer County,Colorado,LESS AND EXCEPT Lot 1,Fort Collins Discovery Museum,City of Fort Collins,a Plat of which is recorded at Reception No.20100052838,Clerk and Recorder’s Records,Larimer County,Colorado. Location Address: 408 Mason Court Fort Collins,CO 80524 Assessor Parcel Number: 97111—11—911 712~I~’i0I POUDRE RIVER WHITEWATER ~PARK ‘nj~g,,i ~ U z tmi’I ~j riz≤90f8 BLOCK 23 MOP INGSTAR Map: FORT COLLINS DISCOVERY MUSEUM RY COLLIt~c~IJ 13890 •‘1lI22~I5 1112zil 2’.i~ooJ rIIIz~0s 711123810 0 100 200ff c7nI6?jo~ PENNY> ~ATS ZLT2 9712200(,le SCHPADER SUBDIVISION BLOCK 23 MORNINGS TAR Page 8 of JO EXHIBITATO ORDINANCE NO.161,2003 Exhibit A-3 Larger Parcel Description (Page 1 of 2) DESCRIPTION: A portion of Lot 3 in Reservation on the Northwest Quarter of Section 12,Township 7 North,Range 69 West of the 6 RM.,lying North and West of Right of Way of the Fort Collins Development Railway Company,less deed recorded May 3,1994 at Reception No.94038222 being more particularly described as follows; Considering the West line of Section 12 as bearing South 00 23’ST’West and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 12;thence along the Wst line of said Section 12,South 00”23’57”West,482.47 feet thence departing said West line, South 89°36’03”East,73.47 feet to a point on the East line of said Reception No. 94038222,said point also being the POINT OF BEGINNING;thence along the approximate Top of Bank of Cache La Poudre River the following ten (10)courses: (1)South 68 26’25”East,27.26 feet; (2)North 86 52’14”East,40.22 feet, (3)South 68 1747”East,44.32 feet, (4)North 82 34’371 East,118.30 feet: (5)South 84”24’53”East,IS 1.12 feet; (6)South 75°36’07”East,63.13 feet, (7)South 68 3628”East,42.92 feet; (8)South 79t•2314611 East,50.91 feet, (9)South 7l°20’59”East,61.83 feet: (10)South 76 3643”East,63.27 feet to a point on the Northwesterly line of Burlington Northern Railroad Right of Way;thence along said Northwesterly line, South 57 0009”West,776.12 feetto a point on the East line of said Reception No.94038222;thence d parting said Northwesterly line and along said East line,North 00 34’27”East,52 I .48 feet to the POINT OF BEGINNING The above described tract of land contains 4.091 acres (178,190 square feet)more or less and is subject to all easements and rights-of-way now on record or existing. December 1,2011 CNS Sheet I of 2 EXHIBIT A 10 ORDINANCE NO.161,2003 — -r — PAR KIN C IPARCEL 1’ POINT OF Exhibit A -3 COMMENCEMENT NORThWEST CORNER 512,TiN,R69W (Page 2 of 2) POINT OF BEGINNING 866’26’25’E 27.26 NB6 52 14’E 40.22’ 868’17 4~E CACHE L4 1,r44.32’ APPROXIMATE PROPERTY BOUNDARY AND ~CENTERLINE CACHE LA POUDRE RIVER iiB•~0’151.12’ NB?3K ~rt S84 24~53~ RIVER APPROXIMATE TOP OF BANK S75.36’OrE 63.13’S68’3628W 42.92 879’23’46W -—,,— .0—I ‘—II /50’ENRR p/410 NORTH No.200300660$ kEASEMENT LOT 2 (NORTh SIDE AZTLAN COMMUNITY CENTER) 393.184 sq.ft 9.026 ac. LOT1 {NORTHSIDE AZTLAN COMMUNITY CENTER) 361,142 sq.ft. 8.297 ac. (IN FEET) 1 Inch •100ff. 100 Feeta ~ SIiEET2 0F2 NORTHERN ENGINEERING 9 of 11 aaIllaQla’ 45 A- tnhia!aa’ Rivers and Streams County Boundary fl Rocky Mountain National Part Incorporated Areas •PLSS Township end Range - EXHIBIT B TO ORDINANCE NO.161,2023 ‘2OCt01 -a. - IRJSQPOUDRERIVER WHITE WATER PARK .4 ~aIIItnhl I I ____1~wmI1rThI F I. £~IflflWsN 4 1_n ‘5 — 0 DC f I 3 p 9 4 7,ti 6-- 44 p ~nIcwnI .ti.tS~t ~D3 0 %_54L~~, :.• Addresses •Subdivisions let S I .rnlenton. Un Legend :a a a Tax parcels Recorded Dimensions —Railroads -p 9 Notes Green.Band_2 Blue Bend 3 COLARI2I.SID-AW-CINCH.aid Red:Band~i Green Band_2 0 tnformal purposes only This map may not reflect recent updates prior to the date of 0 0 0 0 0 Miles Scale This map was created by Larimer County 01$using data Iron multiple sources for ‘1:2400 printing Lartrner County makes no warranty or guarantee concerning the Date Prepared 1 1/1 0/20232:2425 PM completeness,accuracy,or reliability of the content represented. EXHIBIT C TO ORDINANCE NO.161.2023 First Easement PARCEL DESCRIPTION A tract of land,being part of that parcel as described as PARCEL “B”in the Special Warranty Deed recorded June 30,1997 at Reception No.19970041141 of the Records of the Larimer County Clerk and Recorder (LCCR),situate in the Northeast Quarter (NE1 /4)of Section Eleven (11),Township Seven North (T.7N.),Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian (6th P.M.),City of Fort Collins,County of Larimer,State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of Lot 1,Fort Collins Discovery Museum as recorded September 7,2010 at Reception No.20100052838 of the LCCR and assuming the West line of said Lot I as bearing North 00°l7’17”West,as platted,a distance of 176.60 feet and with all other bearings contained herein relative thereto; THENCE North 00°17’17”East,aiong said West line a distance of7l .24 feet to the POINT OF BEGINNING; THENCE South 89°42’43”West a distance of 22.00 feet to the East Right of Way (ROW)line of Mason Court as described in the Right of Way Easement as recorded June 29,1998 at Reception No.19980054069 of the LCCR; THENCENorth 00°17’17”West,along said ROW line,a distance of 15.00 feet; THENCE North 89°42’43”East a distance of 22.00 feet to the West line of said Lot I; THENCE South 00°l 7’18”East,along said West line,a distance of 15 00 feet to the POINT OF BEGINNING. Said described parcel of land contains 3 0 Square Feet,more or less SURVEYORS STATEMENT I,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief Steven Parks -on behalf of Majestic Surveying,LLC Colorado Licensed Professional Land Surveyor #38348 MAJESTIC SURVEYING liii Diamond Valley Drive,Suite 104 Windsor,Colorado 80550 a \projecis\2023~2O2326aDEScRiPTiO?~iUE MASON CT 9-6-2023.doc Utility Easement NEI/4 Section II,T.7N.,K a’?. EXHIBIT C NO 161 •2023asement POINT OF BEGINNING 00’ 15.00’ Page 2 of 2 Note:This drawing does not represent a monuinented land survey.Its sole puspose isa graphic representation of the accompanying written description. N 00~too LU Sri, 8< N89’42’43”E I.. 8”E SUBJECT PARCEL 330 SQ.FT. ~cv/r DiV/04110V RIt At?79S8X54Od9 LOT, FORT COLLINS DISCOVERY MUSEUM POINT OF COMMENCEMENT CHERRYSTREET Notice:According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect.In no event may any action based upon any defect in this survey be commenced more than ten years from the date ofthe certification shownhereon.(CRS 13-20-105) ‘a Steven Parks,PLS 3u)48 \~ MAJESTIC SURVEYING PROJE T NO.2 DATE:9-6-2023 260 CLIENT:DITESCO SCALE 1 “=50’Pap.2 nI 6 On behalf of Majestic Surveying,LLC EXHIBIT D TO ORDINANCE NO.161 2023 Second Easement A parcel of land,being part of Lot 1,Fort Collins Discovery Center Museum as recorded September 7,2010 at Reception No.20100052838 of the Records of the Larimer County Clerk and Recorder,situate in the Northeast Quarter (NEI 4)of Section Eleven (11),Township Seven North (T.7N.),Range Sixty-nine West (R69W.)of the Sixth Principal Meridian (6th P.M.),City of Fort Collins,County of Larimer,State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Lot I and assuming the South line of Lot I as bearing North 89 42’43”West,as platted,a distance of 391.51 feet and with all other bearings contained herein relative thereto; THENCE North 00 17’17”East,along the West line of Lot 1,a distance of 71.05 feet to the POINT OF BEGINNING; THENCE North 00°1 7’17”East,continuing along said West line,a distance of 15.39 feet; THENCENorth 77°21’lO”East a distance of 55.63 feet; THENCE North 65°30’SO”East a distance of 218.33 feet; THENCE North 20°19’53”East a distance of 17.87 feet; THENCE South 69°40’07”East a distance of 15.00 feet; THENCE South 20°19’53”West a distance of 24.11 feet; THENCE South 65°30’50”West a distance of 226.13 feet; THENCE South 77°21 ‘27”West a distance of 60.62 feet to the POINT OF BEGINNING. Said described parcel of land contains 4,520 Square Feet,more or less (±). SURVEYORS STATEMENT I,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief MAJESTIC SURVEYING 1111 Diamond Valley Drive,Suite 104 Windsor,Colorado 80550 2 \Office\Teniplate I mplales\DISCO VERY CENTER U6.docPag I of 2 Steven Parks -on behalf of Majestic Surveying,LLC Colorado Licensed Professional Land Surveyor #3 8348 Page 3 of 6 r r EXHIBIT D TO ORDINANCE NO.161,20L Utility Easement NEI/4 Section 11,T.7N.,R.69W. 0 CD Co N Ui N N 0 0z Second Easement CHERRYSTREET Note:This drawing does not represent a monumented land survey.Its sole purpose is a ~aphic representation of the accompanying written description. Notice:According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect Jn no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon.(CRS 13-80-105) / - MAJESTIC SURVEYING PROJECT NO:2023260 CLIENT:DITESCO DATE:10-5-2023 SCALE:1”60 N (BASIS OF BEARINGS) Steven Parks,PLS 38348 On behalf of Majestic Surveying,LLC Page 4 of 6 EXHIBIT E TO ORDINANCE NO.161,2023 Third Easement A parcel of land,being part of Lot 1,Poudre River Whitewater Park as recorded July 23, 2018 as ReceptionNo.20180044854 of the Records of the Larimer County Clerk andRecorder, situate in the Northwest Quarter (NW1/4)of Section Twelve (12),Township Seven North (T.7N.), Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian (6th P.M.),City of Fort Collins, County of Larimer,State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Lot I and assuming the most Southerly West line of Lot 1 as bearing North 00°16’45”East,as planed,a distance of 418.26 feet and with all other bearings contained herein relative thereto; THENCE North 00°1 6’45”East,along said West line a distance of 327.01 feet to the POINT OF BEGINNING; THENCE North 00°1 6’45”East,continuing along said West line,a distance of 15.21 feet; THENCE North 80°49’09”East a distance of 104.71 feet; THENCE South 0990’51”East a distance of 15.00 feet; THENCE South 80°49’09”West a distance of 107.21 feet to the POINT OF BEGINNING. Said described parcel of land contains 1,589 Square Feet,more or less (±). SURVEYORS STATEMENT I,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. Steven Parks -on behalf of Majestic Surveying,LLC Colorado Licensed Professional Land Surveyor #38348 MAJESTIC SURVEYING Ill)Diamond Valley Drive,Suite 104 Windsor,Colorado 80550 Page 5 of 6 EXHIBIT E TO ORDINANCE NO.161,2023 Third Easement POINT OF COMMENCEMENT Note:This drawing does not represent a inonumented land survey.Its It puepose is a graphic representation of the accompanying written description. Notice:According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect In no event may any action based upon any defect in this survey be commenced more than len yearn from the date ofthe certification shown hereon.(CRS 13-80-105 MAJESTIC SURVEYING PROJECT NO.2 2 260 CLIENT:DITESCO DATE:9-6-2023 Utility Easement NWI 4 Section 12,T.7N.,R.69W. S8920’21E lii U, v’l 0 0 Vt N00’l 6’45”E POINT OF BEGINNING 104.71’ 15.00’ SUBJECT 1,589 SQ. Vt C 2 0 LI, I), ‘C l0 PARCEL FT. £019 POUDRER/VER w’1/7EW4 )rRpAqK is’U7/Ufl’Avawiw N Steven Parks,PLS 38348 On behalf of Majestic Surveying,LLC SCALE:I”SO’