HomeMy WebLinkAbout125 - 08/19/2025 - AUTHORIZING THE CONVEYANCE OF AN EMERGENCY ACCESS EASEMENT ON A PORTION OF THE LARIMERORDINANCE NO.125,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN EMERGENCY
ACCESS EASEMENT ON A PORTION OF THE LARIMER
COUNTY LANDFILL TO POUDRE FIRE AUTHORITY
A.The Larimer County Solid Waste Facility at 5887 S.Taft Hill Road (“Landfill”)
is a regional solid waste processing and disposal site operated and maintained by Larimer
County (the “County”).
B.The site on which the Landfill operates is described as the North one-half
of Section 9,Township 6 North,Range 69 West of the 6th P.M.(“Landfill Site”).
C.Since 1967 the Landfill Site has been and is currently owned in the following
undivided interests:50%the City,25%the County,and 25%the City of Loveland
(together,the “Owners”).
D.The City operated the Landfill from 1963 until January 1,1975,after which
the County operated the Landfill pursuant to an agreement among the Owners dated
November21,1974.The County remains the current operator of the Landfill.
E.Larimer County seeks to install new improvements at the Landfill to support
a new regional waste management and diversion system,including a new central
diversion and transfer station (the “Transfer Station”).As part of the project to build the
new Transfer Station,the Larimer County Planning Commission requested that the
Owners convey an access easement to Poudre Fire Authority to create a secondary
access route to the Transfer Station for emergency fire access.Poudre Fire Authority
intends to use existing dirt and gravel roads on the Landfill Site for the easement.
F.The form of the easement with its terms and conditions (the “Easement”)is
shown on Exhibit A,attached hereto and incorporated herein by this reference.The area
of the Easement is described on Exhibit A to the Easement.
G.The City has estimated the fair market value of the Easement is $35,437.
H.Section 23-111(a)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.
Section 23-114 of the City Code authorizes the City Council to dispose of
interests in real property for less than fair market value provided that the City Council
determines that such disposition serves a bona fide public purpose.
J.City staff has recommended that the City grant the Easement at no cost to
Poudre Fire Authority.
—1—
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 on the terms and
conditions described herein is in the best interests of the City and serves a bona fide
public purpose in accordance with the requirements of Section 23-114 of the City Code
because:
a.The Easement promotes health,safety or general welfare and benefits
a significant segment of the residents of Fort Collins because it allows
for effective fire response at the Landfill;
b.The Easement supports the City’s goal of helping to ensure a safe
community with effective fire response;
c.The financial support provided through the grant of the Easement to
Poudre Fire Authority can be leveraged through benefits to the City’s
cooperative relationship with Poudre Fire Authority;
d.The financial benefit to Poudre Fire Authority is not substantial relative
to the public purpose of improving emergency response to fire;
e.The grant of the Easement will not interfere with current City projects or
work programs,hinder workload schedules or divert resources needed
for primary City functions or responsibilities.
Section 2.The City Council hereby authorizes the Mayor to execute the
Easement 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 on July 15,2025,and approved
on second reading for final passage on August 19,2025.
ATTEST:re
Sr.Deputy City Clerk
Effective Date:August 29,2025
Approving Attorney:Ted Hewitt
Exhibits:Exhibit A —Deed of Dedication of Easement
EXHIBIT A TO ORDINANCE NO.125,2025
DEED OF DEDICATION OF EASEMENT
The undersigned CITY OF FORT COLLINS,COLORADO,a municipal corporation,
CITY OF LOVELAND,COLORADO,a municipal corporation and BOARD OF COUNTY
COMMISSIONERS OF LARIMER COUNTY,COLORADO,a political subdivision of the
State of Colorado (the “Grantors”),being the owners of certain real property in the County of
Larimer,State of Colorado,inconsideration of Ten Dollars ($10.00)in hand paid,receipt of
which is hereby acknowledged,and other good and valuable consideration,does hereby dedicate,
transfer,and convey to the Poudre Fire Authority,for public use forever a permanent easement
for emergency access in the County of Larimer,State of Colorado.more particularly described
on Exhibit “A”attached hereto and by this reference made a part hereof (the “Easement”).
The Poudre Fire Authority’s rights under the Easement include the right of emergency vehicles
and personnel to access the Easement;the right to designate the Easement as a fire lane with the
enforcement of provisions required through said designation of a fire lane:and the right to cite.
ticket,and or tow vehicles and/or remove obstructions within the Easement that prevent and or
restrict the maintaining of emergency access.Grantors reserve the right to use the Easement for
purposes that do not interfere with the full enjoyment of the rights hereby granted.
Grantors will maintain the surface of the Easement in a sanitary condition in compliance with
any applicable weed,nuisance or other legal requirements.
Grantors will not install on the Easement,or permit the installation on the Easement,of any
building,structure,improvement,fence,retaining wall,sidewalk,tree or any other obstruction
that would negatively impact the ability of emergency vehicles and personnel to utilize the
Easement as intended,designed and approved.In the event such obstacles are installed in the
Easement,the Poudre Fire Authority has the right to require Grantors to remove such obstacles
from the Easement.If Grantors do not remove such obstacles,the Poudre Fire Authority may
remove such obstacles without any liability or obligation for repair and replacement thereof,and
charge the Grantors the Poudre Fire Authority’s costs for such removal.If the Poudre Fire
Authority chooses not to remove the obstacles,the Poudre Fire Authority will not be liable for
any damage to the obstacles or any other property to which they are attached.
The rights granted to the Poudre Fire Authority by this Deed inure to the benefit of the Poudre
Fire Authority’s agents.licensees,permittees and assigns.
[SIGNATURES ON FOLLOWING PAGES]
EXHIBIT A TO ORDINANCE NO.125,2025
CITY OF FORT COLLINS,COLORADO,a municipal corporation
By:______________________
Jeni Arndt,Mayor
Date:
ATTEST:APPROVED AS TO FORM:
City Clerk Assistant City Attorney
Printed Name:_____________________Printed Name:
STATE OF COLORADO )
)ss:
COUNTY OF L.ARIMER )
The foregoing instrument was acknowledged before me this —day of
202 ,by Jeni Arndt as Mayor of the City of Fort Collins.
Witness my hand and official seal.
Notary Public
My commission expires:
EXHIBITATO ORDINANCE NO.125,2025
CITY OF LOVELAND,COLORADO,a municipal corporation
By:_______________________
Jim Thompson,City Manager
Date:_____________________________
ATE EST:APPROVED AS TO FORM:
City Clerk Assistant City Attorney
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this —day of
202 ,by Jim Thompson as City Manager of the City of Loveland,Colorado.
Witness my hand and official seal.
Notary Public
My commission expires:
EXI-IIBITATO ORDINANCE NO.125,2025
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY,COLORADO
BY:______________________
Chair
ATTEST:APPROVED AS TO FORM:
Deputy Clerk of the Board Assistant Deputy C~unty Attorney
Date:June 24,2025
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____day of_________
202_by __________________as Chair of the Board of County Commissioners,Larimer County,
Colorado.
Witness my hand and official seal.
Notary Public
My commission expires:___________________
This Deed of Dedication is accepted by the Poudre Fire Authority this —day of____________
20
Poudre Fire Authority
By:___________
EXHIBIT A TO ORDINANCE NO.125,2025
EXHIBIT “A”
(on following four pages)
EXHIBITATO ORDINANCE NO.125,2025
OWNER:
COUNTY OF LARIMER
BOOK 2253 PAGE 1435
NE COR.SEC.9—
T6N,R69W,6TH P.M.
FOUND 2—1/2”ALUM.
CAP L.S.#17497
WATER EASEMENT—_..
REC.#86014511
&86014105
20’P~EA’~
EASEMENT
REC.#96075854
E1/4 COR.SEC.9
TSN,R69W,6TH P.M.
FOUND 2—1/2”ALUM.
CAP LS.#17497
>
.—LARIMER COUNTY
EASEMENT REC.
~20210O72276
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ui
———
EXHIBIT “A”
~NE1/4 SEC11ON 9
T6N,R69W,6TH P.M.
I
EMERGENCY—~
ACCESS EASEMENT ‘2
AREA=42,389 S.F.±
OR 0.97 ACRES±
L4 L8
ThL7
a-J
E.LINE NE1/4 SEC.9
BASIS OF BEARING
502’32’23”E 2655.60’
OWN ER:
CITY OF FORT COLLINS,
BOARD OF COUNTY COMMISSIONERS
OF LARIMER COUNTY,
&CITY OF LOVELAND
BK 1193 PG 123,BK 1375 PG 863
&BK 1376 PG 187
WLY R/W~
A,
C
i2
n
‘
S87’O4’1 2”W
259.07(~E)~
El /4 SEC.9 ~——
-
IT Of’
BEGINNING
SE1/4 SEC11ON 9
T6N,R69W,6Th P.M.200 0
I I
100 200
1.)PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR.I lflth =200 ft.
2.)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 AFTER ThE DATE OF THE CER11FICA11ON SHOWN HEREON.
3.)THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCA11ON OF THE EASEMENT(S).
4.)THIS DOCUMENT SHAlL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR ThE ORIGINAL SIGNATURE AND SEAL OF
THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED IN ANY WAY.
CHKD.BY:J.L.SHEET:1 OF4
PRECISION SURVCTh MAP PING I D~~h R14146 EMERGENCY ACCESS
9025 C K9ftttl AWNJE,SUITE 150 DAlE:04/10/25
w/O 0:EASEMENTTEL303-753 fl~sc*w 1 200’
EXHIBITATO ORDINANCE NO.125,2025
LINE AND CURVE TABLES
LINE TABLE
NO~BEARING DISTANCE
Li S87’04’12”W 21.53’
L2 N78’58’46t 169.11’
U N01’51’58W 664.77’
L4 N87’46’44t 615.82’
L5 S02’32’23”E 4.30’
L6 S87’27’37W 40.00’
L7 S02’32’23”E 15.47’
L8 S87’46’44W 575.93’
L9 S01’Sl’SS”E 665.88’
L10 S78’58’46W 170.82’
CURVE TABLE
ARC DELTA CHORD CHORD
~LENGTH RADIUS ANGLE BEARING LENGTH
Cl 19.33’174.25’6’21’26 N16’53’50E 19.32’
02 237.14’183.74’73’56’5t N47’17’32t 221.02’
C3 214.64’169.56’72’31’48 N38’11’56E 200.59’
04 245.79’152.69’9213’55~N41’39’46”E 220.10’
CS 214.03’132.69’92’25’13 S41’34’07”W 191.57’
C6 241.45’189.56’72’58’52”S38’13’06”W 225.46’
C7 212.79’163.74’7427’28”S47’21’04”W 198.13’
CS 13.76’194.25’4’03’34 S15’33’49”W 13.76’
_____I EMERGENCY ACCESSCHKD.BY:~SHEEr:2 OF 4
0 PROY 6MAP PING ~DRN.BY:kS.II nw R14146
9025 L KENTON AWNUL ~50 DATE:04/10/25 I EASEMENTSGMLl~—200’
EXHIBITATO ORDINANCE NO.125,2025
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9,TOWNSHIP 6
NORTH,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF LARIMER,STATE
OF COLORADO,ALSO BEING A PORTION OF LANDS DESCRIBED AT BOOK 1193 PAGE 123,
BOOK 1375 PAGE 863 AND BOOK 1376 PAGE 187,FILED IN THE LARIMER COUNTY CLERK
AND RECORDER’S OFFICE,SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER OF SECTION 9,ASSUMED TO BEAR 502’32’23”E A DISTANCE OF 2655.60 FEET
FROM A 2—1/2”ALUMINUM CAP STAMPED L.S.#17497 FOUND AT THE NORTHEAST
CORNER OF SAID SECTION 9 TO A 2—1/2”ALUMINUM CAP STAMPED L.S.#17497 FOUND
AT THE EAST QUARTER CORNER OF SAID SEC11ON 9;
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER,SAID POINT
BEARS S87O4’12”W ALONG SAID SOUTH LINE A DISTANCE OF 1259.07 FEET FROM SAID
EAST QUARTER CORNER;
THENCE CONTINUING S87’04’12”W ALONG SAID SOUTH LINE A DISTANCE OF 21.53 FEET;
THENCE ALONG A NON—TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 19.33 FEET,
HAVING A RADIUS OF 174.25 FEET,THROUGH A CENTRAL ANGLE OF 0621’26”AND A CHORD
WHICH BEARS N16’53’50”E A DISTANCE OF 19.32 FEET;THENCE ALONG A NON—TANGENT
CURVE TO THE RIGHT AN ARC LENGTH OF 237.14 FEET,HAVING A RADIUS OF 183.74 FEET,
THROUGH A CENTRAL ANGLE OF 73’56’52”AND A CHORD WHICH BEARS N47’17’32”E A
DISTANCE OF 221.02 FEET;TI-fENCE N78’58’46”E A DISTANCE OF 169.11 FEET;THENCE
ALONG A NON—TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 214.64 FEET,HAVING A
RADIUS OF 169.56 FEET,THROUGH A CENTRAL ANGLE OF 7231’48”AND A CHORD WHICH
BEARS N38~1’56”E A DISTANCE OF 200.59 FEET;THENCE NO1’51’58”W A DISTANCE OF
664.77 FEET;THENCE ALONG A NON—TANGENT CURVE TO THE RIGHT AN ARC LENGTH OF
245.79 FEET,HAviNG A RADIUS OF 152.69 FEET,THROUGH A CENTRAL ANGLE OF 92’13’55”
AND A CHORD WHICH BEARS N41’39’46”E A DISTANCE OF 220.10 FEET;THENCE N87’46’44”E
A DISTANCE OF 615.82 FEET TO THE WESTERLY RIGHT—OF—WAY OF SOUTH TAFT HILL ROAD;
THENCE ALONG SAID WESTERLY RIGHT—OF—WAY THE FOLLOWING ThREE (3)COURSES:
1.)S02’32’23”E A DISTANCE OF 4.30 FEET;2.)THENCE S87’27’37”W A DISTANCE OF 40.00
FEET;3.)THENCE SO2’32’23”E A DISTANCE OF 15.47 FEET;
THENCE S87’46’44”W A DISTANCE OF 575.93 FEET;THENCE ALONG A CURVE TO THE LEFT
AN ARC LENGTH OF 214.03 FEET,HAVING A RADIUS OF 132.69 FEET,THROUGH A CENTRAL
ANGLE OF 9T25’13”AND A CHORD WHICH BEARS S41’34’O7”W A DISTANCE OF 191.57 FEET;
THENCE S0151’58”E A DISTANCE OF 665.88 FEET;THENCE ALONG A NON—TANGENT CURVE
TO THE RIGHT AN ARC LENGTH OF 241.45 FEET,HAVING A RADIUS OF 189.56 FEET.
THROUGH A CENTRAL ANGLE OF 72’58’52”AND A CHORD WHICH BEARS S38~3’O6”W A
DISTANCE OF 225.46 FEET;THENCE S78’58’46”W A DISTANCE OF 170.82 FEET;
0 PRECIS~NSURVflMAp NO a n~R14146 EMERGENCY ACCESS
9025 C.KOITh A’dENUE,SUITE 150 .04/10/25 SHEET.3 OF 4
D€IMR.COlORADO 60237 DATE.w,’o g
ltL 303-753-9799 ~—200’
EXHIBIT A TO ORDINANCE NO.125,2025
LEGAL DESCRIPTION
THENCE ALONG A NON—TANGENT CURVE TO THE LEFT AN ARC LENGTH OF 212.79 FEET.
HAVING A RADIUS OF 163.74 FEET,THROUGH A CENTRAL ANGLE OF 74’27’28”AND A CHORD
WHICH BEARS S47’21’04”W A DISTANCE OF 198.13 FEET;THENCE ALONG A NON—TANGENT
CURVE TO THE RIGHT AN ARC LENGTH OF 13.76 FEET,HAVING A RADIUS OF 194.25 FEET,
THROUGH A CENTRAL ANGLE OF 04’03’34”AND A CHORD WHICH BEARS S1533’49~W A
DISTANCE OF 13.76 FEET TO THE POINT OF BEGINNING;WHENCE SAID NORTHEAST CORNER
BEARS N2245’18”E A DISTANCE OF 2946.70 FEET.
SAID PARCEL CONTAINS 42,389 SQUARE FEET OR 0.97 ACRES,MORE OR LESS.
I,THE UNDERSIGNED,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO
HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION
AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
CHKD.BY:_________IPRECI~QN5URVEY&MAPPING I URN.BY A.S.________I EMERGENCY ACCESS
9025 E.KmTh A’i8~E,SUit 150 ~A~fE•04/10/25 SHEEt:4 OF 4
DOMP,COLOIW1O 80237 _______w/O 0:EASEMENT
JELL 303-753-9799 sc*u~1’200’
.L.S.31158 DATE
ECISION SURVEY &MAPPING,INC.