HomeMy WebLinkAbout179 - 12/20/1994 - AUTHORIZING THE SALE OF PROPERTY TO THE BOXELDER SANITATION DISTRICT ORDINANCE NO. I70-, I994-
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OF PROPERTY TO THE
BOXELDER SANITATION DISTRICT
WHEREAS, the City of Fort Collins ("the City") supports the concept of
regional wastewater treatment; and
WHEREAS, the City believes that neighboring sanitation districts and the
City should seek out areas of mutual cooperation that lead towards regional
solutions to wastewater treatment needs; and
WHEREAS, the Boxelder Sanitation District ("the District") is considering
the option of expanding its wastewater treatment lagoon system in order to comply
with certain requirements established by the State of Colorado Water Quality
Control- Div-ision (-"the Division")-; and-
WHEREAS, the District has expressed its intention to submit a site
application to the Division for the expansion of its lagoon system; and
WHEREAS, the District has submitted a formal request to the City to acquire
from the City that certain parceT of reaT property described on Exhibit "A, "
attached hereto and incorporated herein by reference, to accommodate the
District's plans to expand its lagoon system, which real property shall be
hereinafter referred to as "Tract A"; and
WHEREAS-, the- District has- also submitted- a- formal- request to theCity_ to-
acquire from the City that certain parcel of real property described on Exhibit
"B, " attached hereto and incorporated herein by reference, and to acquire an
easement for access and underground utilities, which easement is described on
Exhibit "C, " attached hereto and incorporated herein by reference, which real
property and easement shall be hereinafter referred to respectively as "Tract B"
and "the Easement"; and
WHEREAS, the City has serious concerns about the use of lagoon systems to
treat commercial and industrial wastes typically generated in urban service
areas; and
WHEREAS, the City believes the limitations of a lagoon system have
inhibited appropriate economic growth in the northeast quadrant of Fort Collins;
and
WHEREAS, the City is aware of concerns expressed by customers of the
District about the value and appropriateness of a lagoon system; and
WHEREAS, the City owns and operates existing wastewater treatment
facilities which have the capacity to treat all or part of the District's
wastewater; and
WHEREAS, the Division is the appropriate agency to determine the technical
merits of any future site application submitted by the District to expand its
lagoon system; and
WHEREAS, the City intends to express its concerns and objections to any
such site application submitted by the District to the Division; and
WHEREAS, in addition to obtaining from the Division the necessary approval
for its site application, the District may also be required to have its proposed
expansion reviewed by Larimer County in accordance with C.R.S. Section 30-28-110
and by the City in accordance with C.R.S. Section 31-23-209; and
WHEREAS, such review by Larimer County and the City, while non-binding on
the District, will provide the- City and the public with additional opportunities
to express any concerns and objections they may have regarding the proposed
expansion; and
WHEREAS, the District desires to acquire Tract B in order to more clearly
establish the boundary line between its real property known as the Boxelder
Treatment Plant with a street address of 2705 Southwest Frontage Road, Fort
Collins, Colorado, hereinafter referred to as "the District Property, " and the
City's adjacent real property; and
WHEREAS, the District desires to acquire the Easement in order to provide
an easement for access and for underground utilities to serve the District
Property to be used by the District in its operation of its Treatment Plant; and
WHEREAS, the City has agreed to grant the Easement to the District provided
that the District agrees that in the event the District Property is no longer
owned by the District, that the Easement shall terminate; and
WHEREAS, in the spirit of intergovernmental cooperation and in the interest
of avoiding time consuming and expensive litigation, the City would reluctantly
consider selling Tract A as requested by the District provided that:
(a) the Division determines that the expansion of the District's lagoon
system is consistent with state and federal- water quality- laws,-
rules, regulations, goals and policies, and thus approves the
District's site application to expand the lagoon system;
(b) the District complies with the review requirements of C.R.S. Section
30-28-110 and C.R.S. Section 31-23-209 if they are applicable to the
District's proposed expansion of its lagoon system and pursuant to
these statutes the District is authorized to proceed with such
expansion;
(c) the District agrees to make a good faith effort to participate with
the City in the future in developing cooperative and/or regional
strategies and plans for wastewater treatment;
(d) the District's Board of Directors meets with the City's Water Board
prior to July 1, 1995, for the purpose of discussing potential areas
of mutual cooperation with regard to regional wastewater treatment;
and
2
(e) the District keeps the City informed, together with other parties
that have expressed an interest in the District's plans to expand
its lagoon system, about the site application process, and shall
advise the City and other interested parties of all opportunities
for comment during the process.
WHEREAS, Section 23-111 of the City Code authorizes the City Council to
sell , convey or otherwise dispose of any and all interests in real property owned
by the City which is a part of the City'.s waste water utility system, provided
that the Council finds, with respect to such sale or other dispositions, that:
(1) it is in the best interests of the City; (2) it will not materially impair
the- viability of thL- wastewater utility system as a- whole; and (3)- it will- be- for
the benefit of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the Council hereby finds that the City's disposition of
Tract A on the terms and conditions described in Section 2. below and the
disposition of Tract B and the Easement on the terms and conditions described in
Section 3. below are in the best interests of the City, will not materially
impair the viability of the wastewater utility system as a, whole, and will be for
the benefit of the citizens ofthe City.
-
Section 2. That the Council hereby authorizes the sale of Tract A to the
District for the total purchase price of Ten Thousand Dollars ($10,000), provided
that:
(a) the Division determines that the expansion of the District's lagoon
system is consistent with state and federal water quality laws,
rules, regulations, goals and policies, and thus approves the
District's site application to expand the lagoon system;
(b) the District complies with the review requirements of C.R.S. Section
30-28-110 and C.R.S. Section 31-23-209 if they are applicable to the
District's proposed expansion of its lagoon system and pursuant to
these statutes- the District is authorized- to proceed- with such-
expansion;
(c) the District agrees to make a good faith effort to participate with
the City in the future in developing cooperative and/or regional
strategies and plans for wastewater treatment.
(d) the District's Board of Directors meets with the City's Water Board
prior to July 1, 1995, for the purpose of discussing potential areas
of mutual cooperation with regard to regional wastewater treatment;
and
(e) the District keeps the City informed, together with other parties
that have expressed an interest in the District's plans to expand
its .lagoon system, about the site application process, and shall
3
advise the City and other interested parties of all opportunities
for comment during the process.
Section 3. That the Council hereby authorizes the sale of Tract B and the
Easement to the District for the total purchase price of Five Thousand Dollars
($5,000), provided that the District agrees that. the Easement shall terminate in
the event that the District Property is no longer owned by the District.
Section 4. That the Mayor is hereby authorized to execute such agreements
of purchase and sale with the District and such other documents and instruments
of conveyance as are necessary for the sale of Tract A in accordance with the
provisions of Section 2. of this Ordinance and for the sale of Tract B and the
Easement in accordance with Section 3. of this Ordinance.
Introduced, considered favorably on first reading, and ordered published
this 6th day of December, A.D. 1994, and. to be present r final passa n the
20th day of December, A.D. 1994.
54� i!/?iL
11
or
ATTEST:
�� U�lr-mod
C i ty C I eikn�
Passed and adopted on final reading this 20th da December, A.D. 994.
�V
Ma or
ATTEST:
City Clerk-
4
EXHIBIT "A"
Legal Description Parcel .A.
A parcel of land located in the Northeast Quarter of Section 28,
Township 7 North, Range 68 West of the 6th P.M. , Larimer County,
Colorado, being more particularly described as follows;
Commencing at the Northeast corner of Said Section 28 and
considering the North line of the Northeast quarter of Said Section
28 to bear North 89017/0011 West with all bearings contained herein
relative thereto;.
Thence along the North line of the Northeast Quarter of Said
Section 28 , North 89*17100" West, a distance of 865 . 22 feet to the
Northeast corner of that certain parcel of land described in Book
1295 under Reception #894647 of the Larimer County records. Thence
South 60048140" West, a distance of 306 .09 feet to the True Point
Of Beginning; Thence continuing along Said line, South 60048/40/1
West, a distance of 849 . 18 feet; Thence North 02*0610011 East, a
distance of 424 . 45 feet; Thence South 89012/30/1 East, a distance
of 725 .87 feet to the True Point of Beginning.
Said parcel contains 3 .5356 acres more or less and is subject to
any easements or rights-of-way of record or that may now currently
exist on Said parcel of land.
1, Kevin R. King, a duly registered land surveyor in the State of
Colorado, do hereby state that this description was prepared by me
or under my direct supervision and is true and correct to the best
Of my`\` � kn ledge.
r
Kev R.� Y�fc1 t Date /
1200` G?�.,4sh $,tr.06t, Suite C
WindSO, �i
Oottsp O-]s-4
A 910IIB.B
EXHIBIT "B"
Legal Description Parcel 'B'
A parcel of land located in the Northeast Quarter of Section 28,
Township 7 North, Range 68 West of the 6th P.M. , Larimer County,
Colorado, being more particularly described as follows;
Commencing at the Northeast corner of Said Section 28 and
considering the North line of the Northeast quarter of Said Section
28 to bear North 8911710011 West with all bearings contained herein
relative thereto;
Thence along the North line of the Northeast Quarter of Said
Section 28 , North 8901710011 West, a distance of 865. 22 feet to the
Northeast corner of that certain parcel of land described in Book
1295 under Reception #894647 of the Larimer county records. Said
point being the True Point of Beginning. Thence along the North
line of Said parcel South 59°32100" West, a distance of 1171 . 44
feet to the Northwest corner of Said parcel; Thence North
0200610011 East, a distance of 30.57 feet; Thence North 60048/40/1
East, a distance of 1155. 27 feet to the True Point of Beginning.
Said parcel contains 15, 091 square feet more or less and is subject
to any easements or rights-of-way of record or that may now
currently exist on Said parcel of land.
I, Kevin R. King, a duly registered land surveyor in the State of
Colorado, do hereby state that this description was prepared by me
or under my direct supervision and is true and correct to the best
of my b and knowledge.
Ke$ Date
LSILg4Ap685
12 ^�Ash S '7C2¢t, Suite C
Win ••••GXi••°°0z55o
�qq/ipA[`IL W\1 0'
CPtc..1� 7-26-9•
P 19)098.LP9
EXHIBIT "C"
Easement Description #1
A utility and access easement of varing width, located in the
Northeast Quarter of Section 28, Township 7 North, Range 68 West of
the 6th Principal Meridan, Larimer County, Colorado, the perimeter
of said easement being more particularly described as follows:
Commencing at the Northeast corner of Section 28 and considering
the- North line- of the- Northeast Quarter to bear NOrttr 890-17-'-0011-
West with all bearings contained herein relative thereto;
Thence along the North line of the Northeast Quarter of said
Section 28 North 89017/00/1 West, a distance of 865. 22 feet to the
Northeast corner of a parcel of land described in Book 1295 under
Reception #894647 of the Larimer County Records; Said point being
the True Point of Beginnings Thence South 6004V 40° West, a
distance of 306. 09 feet; Thence North 89012/3011 West, a distance
of 39. 67 feet;
Thence North 00043 /00/1 East, a distance of 152 . 56 feet to the North
line of the Northeast Quarter of said Section 28 ; Thence along
said line South 89017/0001 East, a distance of 305.00 feet to the
True Point of Beginning.
Said parcel contains 0 . 6037 acres more or less and is subject to
any easements or Rights-of-Way of record or that may currently
exist on said parcel of land
I , Kevin R. King, a duly registered land surveyor in the state of
Colorado, do hereby state that this description was prepared by me
or under my direct supervision and is true and correct to the best
of my belief AtngrArwledge.
//n wgApp DEGI
Kevin R. g OD ! ate
LS #2 68 ,.
1200 W. A t��, `
Windsor, C Q , St �Q dap
4jnpruntuLimruoS
CORAEB/] 1DZR.
AIDO%ELDEfl.1
Easement Description #3
A 60 foot wide access and utility easement located in the Northwest
Quarter of Section 27 , Township 7 North, Range 68 West of the 6th
Principal Meridian, Larimer County Colorado, the perimeter of said
easement being more particularly described as follows:
Commencing at the Northwest corner of said Section 27 and
considering the North line of the Northwest Quarter to bear North
89026157" East with all bearings contained herein relative thereto,
Said point being the True Point of Beginning; Thence along said
line North 8902615711 East, a distance of 344 .16 feet to the
Westerly Right-of-Way line of Interstate Highway I-25; Thence
along said line South 12657/4911 East, a distance of 61. 44 feet;
Thence parallel with the North line of the Northwest Quarter of
said Section 27 , South 89026/5711 West, a distance of 357.56 feet to
the West line of the Northwest Quarter of said Section 27; Thence
along said line North 00021f56" West, a distance of 60.00 feet to
the True Point of Beginning;
Said parcel contains 0 . 4833 acres more or less and is subject to
any easements or Rights-of-Way of record or that may currently
exist on said parcel of land.
1 , Kevin R. King, a duly registered land surveyor in the state of
Colorado, do hereby state that this description was prepared by me
or under my direct supervision and is true and correct to the best
of my belief and knowledge.
` 1: um I
C`��°•°WlpEfls �ri�s
d �5
R
LSv °685ENS 'A= Date
1200 *.-,AshStrg°� to C
Wind�b '"�O 1.
� g
/ �lI
ODRRCPI� 10-36-D�
AtBONBL➢QR.i