HomeMy WebLinkAbout016 - 02/18/2025 - AUTHORIZING THE CONVEYANCE OF A PERMANENT NONEXCLUSIVE UTILITY EASEMENT ON PROPERTY JOINTLY OWNED BYORDINANCE NO.016,2025
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 TO THE FORT COLLINS-LOVELAND WATER
DISTRICT
A.The City of Fort Collins (“City”)and the City of Loveland (“Loveland”)
(collectively,the “Cities”)jointly own property in Loveland (the “Property”)known as the
Northern Colorado Regional Airport (the “Airporf’).
B.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”).
C.In 2024,the Cities granted the Fort Collins-Loveland Water District (the
“District”)a permanent,non-exclusive easement for installation of one or more domestic
waterlines for transmission and distribution of domestic water to serve the terminal (the
“2024 Waterline Easement”).
D.In connection with ongoing construction,including the installation of a
necessary suction line,and related to the 2024 Waterline Easement,the District has
requested a permanent,non-exclusive easement for installation,construction,operation,
replacement of one or more domestic waterlines for transmission and distribution of
domestic water to serve the terminal (the “2025 Waterline Easement”)over and across
that portion of the Airport property legally described and depicted in the Easement
Agreement,attached hereto and incorporated herein by this reference as Exhibit “A.”
E.The Cities desire to grant the Easement on the terms and conditions as
substantially set forth in the Easement Agreement,which includes fair market value
payment of $3,675 to the Cities from the District,but which also benefits the Airport by
serving to provide water service necessary for the terminal.
F.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.
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 hereby finds that the City’s conveyance of the
Easement subject to terms and conditions substantially 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 will be put promotes health,safety or general
welfare and benefits a significant segment of the citizens of Fort Collins by
facilitating public investment in and improvement of the Airport and the users it
serves,and will allow domestic water service for the new public terminal facility
currently being constructed;
b.The use to which the Easement 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 will be leveraged with other funding or assistance enabling the
construction and operation of the new terminal facility,which the City has
partnered with the City of Loveland to complete;
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 continued development of the new public terminal facility
for the benefit of the Cities and the greater public;and
e.Granting the Easement for fair market value will not interfere with current City
projects or work programs,hinder workload schedules,or divert resources for
primary City functions or responsibilities and will ultimately benefit the Airport
and the Cities.
Section 2.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 of Fort Collins or to effectuate the purposes of this Ordinance.
Introduced,considered favorably on first reading on February 4,2025,and
approved on second reading for final passage on the February 18,2025.
‘IMay
ArrEST:
Sr.Deputy City Clerk
Effective Date:February 28,2025
Approving Attorney:Dianne CrisweII
EXHIBIT A TO ORDINANCE NO.016.2025
EASEMENT AGREEMENT
THIS AGREEMENT,made and entered into as of the day of ,2025,by and between the
City of Fort Collins,Colorado,a municipal corporation,and the City of Loveland,Colorado,a municipal corporation,
hereinafter referred to jointly as “the Grantor?’,
and Fort Collins-Loveland Water District,a Political Subdivision of the State of Colorado,hereinafter referred to as “the
District”.
WHEREAS,Grantors jointly own and operate the Northern Colorado Regional Airport (the “Airport”)located
in Loveland,Colorado,on a parcel of property legally described in “Exhibit A”attached hereto and incorporated herein
(hereinafter the “Grantors’Property”);and
WHEREAS,the Grantors previously granted an easement for a regional waterline under and through Grantor?
Property through an Easement Agreement dated February 16,2024 (the “Waterline Easement”);and
WHEREAS,the Easement granted herein relates to the Waterline Easement and is necessary to connect a
suction line to the regional waterline installed in the area of the Waterline Easement
WITNES SETH:
For and in consideration of the mutual promises and covenants herein contained and the sum of three thousand
six hundred fifty-four Dollars ($3,654.00)and other good and valuable consideration,the receipt and adequacy of which
is hereby confessed and aclcnowledged,the Grantors have granted and conveyed and by these presents does grant and
convey unto the District,its successors and assigns,a permanent non-exclusive easement for the installation,construction,
maintenance,inspection,operation,replacement,or removal of one (1)or more domestic waterlines for the transmission
and distribution of domestic water,and all underground and surface appurtenances thereto,including metering stations
and other fixtures (collectively,the “Facilities”),in,over,across,and upon that portion of the Grantors’Property
described and depicted below (the “Easement Area’):
See “Exhibit B”—Legal Description of Easement Area
See “Exhibit C’-Easement Area Depiction
In addition to the foregoing grant of Easement by the Grantors to the District,the Grantors further grant and
convey to the District the following rights and privileges:
A.The right to grade the Easement for the full width thereof in such manner as the District may
reasonably determine to be necessary or advisable.
B.The right to support pipelines located within the Easement across ravines and watercourses with
such structures as the District shall reasonably determine to be necessary or advisable.
C.Subject to Airport security requirements and prior written consent of Airport staff which shall not
be unreasonably withheld,the right of ingress and egress to and from the Easement by means of existing roads
(whether public or private)located on the Grantors’Property,if any,or in the absence of such roads,by such
other routes as the District shall determine to be reasonably necessary talcing into consideration the minimization
of damage to the Grantor’s Property.For purposes of this Agreement,the term “Airport staff’shall mean the
individual(s)designated and authorized by Grantors to make the decisions and take the actions described and
directed herein.The District may rely on the information and direction given by Airport staff pursuant to this
Agreement and shall have no obligation to verify that any particular individual has been duly authorized by the
Grantors to provide such information and/or direction.
D.The right to grade,construct,maintain,and use any access roads upon the Grantor’s Property within
the Easement Area for such purposes of initial construction and ongoing maintenance with prior written consent
of Airport staff in the exercise of its right of ingress and egress to and from the Easement For any construction
or alteration on the Easement or Grantors’Property,the District will be required to complete and submit the
Federal Aviation Administration a Form 7460-I “Notice of Proposed Construction or Alteration.”
F.To mark the location of the Easement Area and/or the waterline with markers set in the ground
provided that any such markers remaining after the period of construction of the domestic waterline and
EXHIBIT A TO ORDINANCE NO.016,2025
appurtenances shall be placed in locations which will minimize interference with any reasonable use of the
Easement Area by the Grantors.
0.For all of the District’s access needs to the Easement Area or any other portion of Grantors’
Property,such access is subject to the prior written consent of Airport staff pursuant to the Airport’s security
requirements and other applicable laws,plans,policies,and rules and regulations.It is the parties’intent to
provide the District with as much access as possible to the Easement Area while complying with the various
rules and regulations associated with operating the Airport
H.All other rights necessary and incident to the full and complete use and enjoyment of the Easement
for the purposes herein granted.
I.Other public utilities,such as sanitary sewer,storm sewer,gas,electric,and cable lines may be
installed in the Easement Area as long as they do not interfere with the District’s tights hereunder and meet the
District’s requirements for separation and crossing of utilities.
The Grantor hereby covenants and agrees to and with the District,its successors and assigns that:
A.Except as otherwise provided in subparagraph A,the Grantors,their heirs,personal representatives,
administrators,successors,and assigns shall not erect or place any permanent building,structure,improvement,
fence,tree,or other landscaping on the Easement Area,excluding the installation of permanent paved surfaces,
including but not limited to roadways and taxiways needed for Airport purposes over the Easement Area by the
Grantors.In the event of the placement of such obstacles within the Easement Area contrary to the provisions
of this subparagraph A,the District shall have the right to require the Grantors to remove such disallowed
obstacles from the Easement Area and,in the event the CIrantors fluil to do so upon request,the District may
remove such obstacles at the Grantors’expense and without any liability for repair or replacement thereof.
Notwithstanding the foregoing,the Grantors,their heirs,personal representatives,administrators,successors,
and assigns shall have the right,without the consent of the District,to plant grasses and other groundcover and
small shrubs upon the Easement Area which are usual and customary for the ihIl use and enjoyment of the
Grantors’Property.However,the District shall be responsible at its sole cost and expense for repair or
replacement of any permanent paved surfaces and associated landscaping damaged or removed by the District
B.The Grantors do hereby covenant and agree to and with the District that the Grantors are lawfully
seized of the Easement Area and the Grantors’Property,and that the Grantors has a good and lawful right to
convey the Easement Area to the District and that the Grantors warrant the title thereto.
C.The District shall have the right of subjacent and lateral support to whatever extent is necessary or
desirable for the full,complete and undisturbed enjoyment of the rights described in this Agreement The
Grantors shall take no action that would impair the earth cover over,or the lateral or subjacent support for,any
of the Facilities within the Easement Area.
The District does hereby covenant and agree to and with the Grantors as follows:
A.The District shall not fence or otherwise enclose the Easement Area,except during periods of
construction and repair.
B.All trenches and excavations made in the laying or repairing of the domestic waterline shall be
properly backfilled and as much of the original surfuce soil as reasonably possible shall be placed on top.All
large gravel,stones,and clods will be removed from the finished backfill.The District will finish the backfill
after normal settling of the soil so that the use and enjoyment of said Easement by the Grantors shall be suitable
for the purpose now used.The District will maintain the trench area and the domestic waterline.
C.The District may not use the Easement Area of any of Grantors’Property for any purpose other
than to transport,serve and distribute potable water.If the Easement Area is used by the District for any purpose
other than stated herein,the Easement may be terminated at the Grantors’sole discretion and all of the right,
title and interest of District (and District’s successors or assigns)in and to the Easement become null and void,
and the Easement shall absolutely revert to and revest in Grantors as fully and completely as if this instrument
had not been executed,without the necessity for suit or re-entry and District shall remove improvements.No
act or omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement
of this paragraph.
D.Grantors reserve the right to use the Easement Area and Grantors’Property for any purposes that
will not interfere with District’s full enjoyment of the rights granted herein.
F.To the extent allowed by law,District agrees to indemnify and hold harmless the Grantors,their
officers,employees,and agents,from and against all liability,claims,and demands on account of any injury,
loss,or damage arising out of or connected with District’s use of the Easement Area,if such injury,loss,or
EXHIBIT ATO ORDINANCE NO.016,2025
damage,or any portion thereof,is caused by,or claimed to be caused by,the act,omission,or other fault of the
District or any officer,employee,agent,or contractor of the District,or any other person for whom the District
is responsible.The District shall notify Grantors and provide a copy of any and all written claims or demands
within two business days of receipt The District’s indemnification obligation shall not be construed to extend
to any injury,loss,or damage caused by the negligent act or omission of the Grantors.
Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed to the then
cuntnt email address for the addressee,or three days after being sent by certified mail,return receipt requested:
If to Grantors:
City of Fort Collins
Ann:City Manager
City Hall West
300 LaPorte Avenue
Foil Collins,CO 80521
With acopyto:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins,CO 8 0521
City of Loveland
Ann:City Manager
500 F.Third Street
Loveland,CO 80537
With a copy to:
City Attorney
City of Loveland
500 F.Third Street
Loveland,CO 80537
If to District:
District Engineer
Foil Collins-Loveland Water District
5150 Snead Drive
Fort Collins,CO 80525
It is mutually agreed between the parties hereto that:
A.Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the District,the Grantors shall retain the right to use and enjoy the Easement Area.
B.The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs,
personal representatives,successors,or assigns of the parties hereto.
C.Whenever used herein,the singular shall include the plural and the plural the singular and the use
of any gender shall apply to all genders.
D.This Easement is and shall be subordinate to the provisions of existing and future agreements
between the Grantors and the United States relative to the operation or maintenance of 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.Grantors shall give the District adequate written notice of any future agreements
that may impair any grant contained in this Agreement
EXHIBIT A TO ORDINANCE NO.016,2025
E.This Agreement contains the entire agreement of the parties relating to the subject matter hereof
and,except as provided herein,may not be modified or amended except by written agreement of the parties.In
the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable,such
holding shall not invalidate or render unenforceable any other provision of this Easement.This Agreement shall
be governed by the laws ofthe State of Colorado,and venue shall be in the County of Larimer,State of Colorado.
F.This Agreement may be executed in separate counterparts,and the counterparts taken together shall
constitute the whole of this Agreement Facsimile,scanned and other electronic signatures pennitted by law,
for purposes of this Agreement,shall be deemed as original signatures.
0.This Agreement shall be recorded in the real property records of the Clerk and Recorder of Larimer
County,Colorado.
N WITNESS WHEREOF,the parties have executed this Agreement the day and year first above
written.
GRAflTORS:
City of Fort Collins,Colorado
A municipal corporation,
By:_________________
Jeni Amdt,Mayor
A1TEST:
City Clerk Date
APPROVED AS TO FORM:
Senior Assistant City Attorney
City of Loveland,Colorado
A municipal corporation,
By:
Jim Thompson,City Manager
AnEST:
City Clerk Date
APPROVED AS TO FORM:
Deputy City Attorney
EXHIBIT A TO ORDINANCE NO.016,2025
GRAI4TEE:
FORT COLLINS LOVELAND WATER DISTRICT,
a Political Subdivision of the State of Colorado
By:_____________________________
District Engineer
STATE OF COLORADO)
)
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this —day of ______________.20_by
Witness my hand and official seal.My Commission Expires:
Notary Public
EXHIBITATO ORDINANCE NO.016,2025
EXHIBIT “A”
EASflIENT DESCRIPTiON
PARCEL ONE
Being a portion of Tract B of Barnstorm Second Addition to the City of Loveland,Colorado,as recorded August
12,1986 at Reception No.86044345 in the Larirner County Clerk and Recorder’s Office,located in Section 28.
Township 6 North,Range 68 West of the Sixth Princbd Meridian,City of Loveland,County of Larimer,State of
Colorado,being more particularly described as follow.:
COMMDICING at the Northwest Corner of said Section 28,as monumented by a 3/4’rebor with 2—1/2’aiuminum
cep,LS29407.2009.which bear.North 00’05’42’East.a distance of 2692.36 feet from the West Quarter
Corner of said Section 26,as n,onumsnted by a 2—l/2’oluminum cap on 3/4’rebar,LS5026,2005,with all
bewings herein relative thereto;
Thence South 61’32’42’East a distance of 115.95 test to a point on the Southerly Right—of—Way of East Larimer
County Road 30 as recorded at Reception No.86044332 hi the Laimer County Cleric and Recorder’s Office,the
POINT OF BEQNNiNC
Thence continuing on said southerly right—of—way.South 8705’27’East o distance of 30.01 feet,parallel with
and 50.00 feet south of the North line of said Section 28,
Thence departing said Southerly Right—of—Way,South 04’38’20’West a distance of 32.99 feet
Thence South 273702’West a distance of 66.65 feet to the North line of that easement to Fort
Collins—Loveland Water District recorded at Reception No.20240018146 in the Lorftner County Clerk and Recorder’s
Office;
Thence aiong said North line,North 8705’52’West a distance of 27.71 feet to the Northwest corner of said
easement to Fart Collins—Loveland Water District;
Thence departing said North line,North O0’05’42’East a distance of 10.45 feet,parallel with and 70.00 feat east
of the West line of said Section 28,
Thence North 27’3702’East a distance of 64.66 feet
Thence North 04’38’20’East a distance of 25.99 to the POINT OF BEQNNiNG.
The above—described parcel contains 3,032 squore feet or 0.0696 acres,more or less,and is subject to any
rights—of—way or other easements of record now existing on said described parcel of iand.
Basis of Bearing.:The West line of the Northwest Quarter of Section 26,Township 6 North,Range 66 West of
the 6th/Principal Meridian bears North O0’O5’42’East 2692.36 feet from the West Quarter Corner,being marked
by a 2 1/2”Aluminum Cop on 3/4’rebor,155026,2005,to the Northwest Corner,berg marked by a 3/4’rebor
with 3 1/4’Aluminum Cap,1529407,2009,based upon ~P.S.observations and modified Colorado North Zone
State Plane Coordinates with a combined scale factor of 1.00027973.with all beoringe herein relative thereto.
SIJRWYOR’S CERflflCA11ON STA1DIIENT
I,Peter E,Paulus,a Professional Ucensed Land Surveyor in the State of Colorado,do hereby certify that this
Property Desc4tion was prepared by me or under my direct personal supervision and that it is correct based
upon my knowledge,information,and belief.
jq~a~ui ~
PAGE 1 OF 2
240fl.JISJTY FJ~IT~24075 ICitflOfl Fe
EXHIBITATO ORDINANCE NO.016.2025
EXHIBIT A-i
EASEMENT MAP
PARCEL ONE
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NOTE:THIS EXHIBIT DRAWING IS NOT INTENDED
TO BE A MONUMENTED LAND SURVEY.ITS SOLE
PURPOSE IS AS A GRAPHIC REPRESENTA11ON TO
AID IN WE VISUALiZATION OF WE WRITTEN
PROPERTY DESCRIP1ION WI-ITCH IT ACCOMPANIES.
~E WRITTEN PROPERTY DESCRIPTION SUPERSEDES
THE EXHIBIT DRAWING.
NO11CE.~ACCORDING TO COLORADO LAW YOU
MUST COMMENCE ANY LEGAL ACTION BASED UPON
ANY DEFECT IN ThIS SURVEY WITHIN ThREE ‘rEARS
AFTER YOU FiRST DISCOVER SUCH DEFECT.IN NO
EVENT MAY ANY AC11ON BASED UPON ANY DEFECT
IN TilTS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM WE DATE OF WE CERT1flCAT1ON
SHOWN HEREON.(13—80—lOS C.R.S.2012)
nfl PAGE 2 OF 2025m
~NLI’W 24075 10/00/2024 L.W5.PW