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Home My WebLink About002 - 01/21/2025 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT ON WHITEWATER PARK TO PUBLIC SERVICEORDINANCE NO.002,2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT ON WHITEWATER PARK TO PUBLIC SERVICE COMPANY OF COLORADO FOR CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS AT THE POUDRE RIVER REGULATOR STATION H-ill-A A.The City’s Whitewater Park is comprised of approximately seven acres, spanning the Poudre River east of College Avenue and south of East Vine Drive. B.The Public Service Company of Colorado (“Xcel Energy”)owns a parcel of land entirely contained within the City’s Whitewater Park that is used for its Poudre River Regulator Station H-ill-A (the “Regulator Station”).The Regulator Station operates to reduce pressures of the incoming natural gas utility line that provides natural gas to the community. C.Xcel Energy seeks one temporary construction easement (“the Easement”) from the City over a portion of City’s Whitewater Park property.Xcel Energy will use the Easement to store and stage materials and equipment as it removes and replaces above- ground and in-ground piping and other infrastructure that serves the Regulator Station. The Easement will provide that any damaged surface areas,including any trees or shrubs,will be restored in accordance with City requirements. D.The Easement consists of 0.469 acres.A legal description for the Easement is attached hereto as Exhibit “A”and incorporated herein by this reference. E.City staff estimate that the fair market value of the Easement is $8,169.The City will charge Xcel Energy $8,169 for the Easement,in addition to a $4,000 fee for work by City staff to develop and execute the Easement. F.Section 23-111 of the City Code authorizes the City Council to dispose of interests in real property owned in the name of the City provided that the City Council first finds,by ordinance,that such disposition is in the best interests of the City. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The City Council finds that granting the Easement to Xcel Energy on the terms and conditions described herein is in the best interests of the City. Section 2.The City Council authorizes the Mayor to execute such documents as are necessary to convey the Easement to Xcel Energy 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 —1— appropriate to protect the interests of the City,including,but not limited to,any necessary changes to the legal descriptions of the Easement,as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced,considered favorably on first reading on January 7,2025,and approved on second reading for final passage on January 21,2025.~ ‘1 ayor ATTEST: ity C Effective Date:January31,2025 Approving Attorney:Ted Hewitt EXHIBIT A TO ORDINANCE NO.002,2025 Legal Descriptions and Depictions of the TCE Area SE (Page lof3) Sheet 1 of 3 EXHIBIT B —H-Ill REG.STATION TEMPORARY CONSTRUCTION EASEMENT A parcel of land lying in the northwest one-quarter (NW1/4)of Section 12,Township 7 North,Range 69 West,of the 6th Principal Meridian,County of Lalirner,State of Colorado,being a portion of Lot 1,plat of POUDRE RIVER WHITE WATER PARK,County of Larimer Records,described as follows: Beginning at the northeast corner of Lot 3,said plat of POUDRE RIVER WHITE WATER PARK; Thence S00°22’09”W,76.99 feet1 along the east line of said Lot 3; Thence 589°42’52”W,86.81 feet,along the south line of said Lot 3; Thence N49°07’l 7”W,17.35 feet,along the southwest line of said Lot 3; Thence N00°22’09”E,66.71 feet,along the west line of said Lot 3; Thence N89°37’51 “W,1.87 feet,along the south line of that 20 foot wide Shared Access Agreement as described in Reception Number 20170056673,Larimer County Records; Thence N00°20’37”E,4.37 feet;,along the west line of said Shared Access Agreement; Thence along a curve to the left,having a radius of 12.23,a central angle of 54°00’44,a length of 11.53 feet and a chord that bears N25°39’53”W,11.11 feet1 along said south line; Thence along a curve to the left,having a radius of 33.00 feet,a central angle of 58°19’47,a length of 33.60 feet and a chord that bears N8006’38”W,32.16 feet,along said south line; Thence along a curve to the right,having a radius of 127.03 feet,a central angle of 1404’OO”,a length of 31.19 feet and a chord that bears S77°45’42”W,31.11 feet,along said south line; Thence N80°05’l 7”W,29.52 feet; Thence 53950’02”E,145.53 feet; Thence N88°44’lOt,123.50 feet,to the southeast line of said Lot 1; Thence N56°43’09”E,165.50 feet,along said southeast line; Thence N33°16’Sl”W,50.00 feet; Thence S56°43’09’W,84.60 feet; Thence N61 °07’32”W 137.55 feet,to the east line of that 30 foot wide Utility Easement as described in Reception Number 20170056676,Larimer County Records; Thence S0020’37”W,45.67 feet,along said east line,to the east line of said Share Access Agreement; Thence along a non-tangent curve to the right having a radius of 77.00 feet,a central angle of 12°25’39”,a length of 16.70 feet and a chord that bears S05°49’08”E,16.67 feet,along said east line,to the north line of said Lot 3; Thence S89°37’Sl”E,59.97 feet,along said north line,to the Point of Beginning. 469387 acres)more or less. As shown and described on Exhibit B Sheet 3 of 3 attached hereto and made a part hereof. All lineal distance units are represented in U.S.Survey Feet. For the purposes of this description,bearings are based on said plat of POUDRE RIVER WHITEWATER PARK x~pnp~pscocvi 78293~20.0 H-Ill Re~Sta~9-surveyt93-doc\l 5-proposed-desc\H-I II RS.docx 2000 S Colorado Blvd,SuIte 6000,Denver,CO 80222 SEH is an equal opportunity employer I www.sehlnc.com I 303.586.5800 303.586 5801 fax Short Elliott Hendrickson EXHIBIT A TO ORDINANCE NO.002,2025 Sheet 2 of 3 The author of this description Is Monte L.Sudbeck,PLS 38503,prepared on behalf of SEH,2000 S Colorado Blvd. Suite 6000,Denver,CO 80222,on December 16,2024,under Job No.178293-20.0,for Public Service Company of Colorado,and is not to be construed as representing a monumented land survey. X:’P1~P~PScOCU78293~2O.o H-ill Reg StM9-survey\93-doc~l 5-proposed-desc\H-l 11 RS.docx 12840 West Cedar Drive,suIt.F,Lakewood,0080228 SEH is an equal opportunity employer www.s.hlnc.ceni I 303.586.5800 I 303.586.5801 fax z L r A —~.~!!~~!:i .~ - ma -100 IC) I’-,14’ — __—___~ ~~tZ%id~96,q h~___________rh’¶t~--2 ‘~O~fl .,rmro[,~ ‘°—I -r m -~,~,O,(0 \I 01 z ~\J ~ Cxi -1 •-S __________0fl o\\-,~.~G) 3~co~o ‘S \\t-3 Ia—n —s -‘I 23~‘\cn S _____ZSf~~\-io‘.‘•~,r 1 o \&\e ______ -S ~A ~..-i —t ‘.~----\4 —I o \~g .______ ~\o El 0~’\io0m--mrt