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Home My WebLink About245 - 01/05/1999 - AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY FOR THE RELOCATION OF A DRAINAGE ORDINANCE NO. 245, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A NONEXCLUSIVE EASEMENT TO LARIMER COUNTY FOR THE RELOCATION OF A DRAINAGE CHANNEL WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located at 4316 LaPorte Avenue in Larimer County,Colorado,known as Water Treatment Plant No. 2; and WHEREAS,the City of Fort Collins Utility(the"City Utility")has established a Master Plan for new facilities and improvements to existing facilities for the transmission of water(the"Master Plan Improvements Project"); and WHEREAS, Larimer County currently has an existing drainage channel over a certain portion of Water Treatment Plant No. 2 (the "Existing Easement Area"); and WHEREAS, the City Utility and Latimer County desire to relocate the drainage channel currently located in the Existing Easement Area in accordance with the Master Plan Improvements Project to a new location at Water Treatment Plant No.2 more specifically described on Exhibit"A", attached hereto and incorporated herein by this reference (the "New Easement Area"); and WHEREAS, in order to carry out the relocation, the City Utility has recommended that the City grant to Larimer County a nonexclusive easement for a drainage channel on the New Easement Area, in exchange for the relinquishment by Latimer County of its right to locate the drainage channel on the Existing Easement Area; and WHEREAS, the proposed relocation of Latimer County's drainage channel will assist the City Utility in carrying out the Master Plan Improvement Project,and is not expected to result in any detrimental impacts to Water Treatment Plant No. 2, the City Utility, or the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City for use by the City Utility, provided the Council first finds by ordinance that any sale or other disposition of real property will not materially impair the viability of the utility system as a whole, and that the proposed action is in the best interest of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY TI IE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the relocation ofthe Larimer County drainage channel from the Existing Easement Area to the New Easement Area,and the related grant of easement to Larimer County over the New Easement Area will not materially impair the viability of the City Utility system, and is in the best interest of the City of Fort Collins. Section 3. That the City Manager be, and hereby is,authorized to execute an Easement Agreement with Larimer County by which the City shall grant an easement over the New Easement Area for the relocation of the Larimer County drainage channel, in exchange for the abandonment and relinquishment by Larimer County of all right,title and interest in the Existing Easement Area, together with such additional terms and conditions and conveyance documents as the City Manager, in consultation with the City Attorney, determines are necessary to protect the interests of the City, consistent with the terms of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of December, A.D. 1998, and to be presented for final passage on the 5111 day of January,,,,1.D. 1999. ATTEST: City Clerk Passed and adopted on final reading this Sth day of Janu A.D. 1999. J, �Miy - - or L, ATTEST: City Clerk EXHIBIT "A" DESCRIPTION: DRAINAGE EASEMENT A drainage easement located in the Northeast Quarter of Section 7 and the Northwest Quarter of Section 8, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of said Northeast Quarter of Section 7 as bearing North 00°29'33"East and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 7; thence along said East line, North 00°29'33" East, 741.16 feet to the POINT OF BEGINNING; thence,North 85°19'17" West, 11.24 feet; thence, North 10°10'30" West, 120.53 feet to a point on a non-tangent curve concave to the South having a central angle of 09°02'26",a radius of 2812.00 feet and a long chord which bears North 86'12'35" West, 443.23 feet; thence along the arc of said curve 443.69 feet; thence along a non-tangent line, South 78°26'54" West, 291.14 feet to a point on a curve concave to the North having a central angle of 14°48'18",a radius of 173.00 feet and a long chord which bears South 85°51'03" West, 44.58 feet; thence along the arc of said curve 44.70 feet; thence, North 86°44'48" West, 241.01 feet to a point on a curve concave to the South having a central angle of 17°34'21",a radius of 125.00 feet and a long chord which bears South 84°28'02" West, 38.19 feet;thence along the arc of said curve 39.34 feet; thence, South 75°40'51" West, 77.54 feet to a point on a curve concave to the North having a central angle of 16°28'06", a radius of 173.00 feet and a long chord which bears South 83°54'53" West,49.55 feet;thence along the arc of said curve 49.72 feet;thence, North 8751'03"West,78.05 feet;thence,North 00°31'33"East,48.02 feet;thence,South 8751'04" East, 79.41 feet to a point on a curve concave to the North having a central angle of 16°28'06",a radius of 125.00 feet and a long chord which bears North 83°54'53" East, 35.80 feet; thence,along the arc of said curve 35.93 feet; thence, North 75°40'50" East, 77.54 feet to a point on a curve concave to the South having a central angle of 17°34'21",a radius of 173.00 feet and a long chord which bears North 84°28'02" East, 52.85 feet;thence along the are of said curve 53.06 feet;thence, South 86°44'48" East,241.01 feet to a point on a curve concave to the North having a central angle of 14°48'18",a radius of 125.00 feet and a long chord which bears North 85°51'03" East, 32.21 feet; thence along the arc of said curve 32.30 feet; thence, North 78°26'54" East, 295.66 feet to a point on a non-tangent curve concave to the South having a central angle of 09°l 1'19",a radius of 2860.00 feet and along chord which bears South 86°13'38" East, 458.17 feet; thence along the arc of said curve 458.66 feet; thence along a non-tangent line,North 34045138" East, 61.35 feet;thence, South 85°20'53"East,611.29 feet;thence South 31°00'59"East, 140.10 feet;thence,North 86'16'00"East, 34.51 feet; thence North 60°45'42" East, 340.64 feet to a point on a curve concave to the South having a central angle of 66°51'11", a radius of 120.00 feet and a long chord which bears South 85'48'43"East, 132.21 feet;thence,along the arc of said curve 140.02 feet;thence, South 52°23'08" East, 463.90 feet; thence, South 44°06'15" East, 133.42 feet; thence, South 46°03'S4" East, 82.63 feet;thence,South 39'11'42" East,79.78 feet to the North line of Laporte Avenue;thence along said North line, North 76°14'17" West, 39.98 feet; thence North 33°53'05" West, 45.67 feet; thence, North 46°04'00" West, 82.97 feet, thence, North 44°06'13" West, 132.35 feet; thence North 52°20'53" West, 462.22 feet to a point on a curve concave to the South having a central angle of 66°53'25",a radius of 100.00 feet and a long chord which bears North 85°47'35" West, 110.23 feet; thence along the arc of said curve 116.75 feet; thence, South 60045'42" West, 347.07 feet; thence, South 3705 8'51" West,30.99 feet;thence,South 26°16'52" East,73.43 feet;thence,North 85'19'17" West, 748.51 feet to the POINT OF BEGINNING. The above described easement contains 5.517 acres more or less and is subject to all easements and rights-of-way now on record or existing.