HomeMy WebLinkAbout065 - 05/07/2002 - AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO PLATTE RIVER POWER AUTHORITY FOR THE RELOCATION ORDINANCE NO. 065, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO
PLATTE RIVER POWER AUTHORITY FOR THE RELOCATION
OF A WATER LINE IN EXCHANGE FOR
THE VACATION OF AN EXISTING EASEMENT
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, which was acquired for Water Utility purposes; and
WHEREAS,the City of Fort Collins Utility(the"Utility") is constructing the Settling Basin
Project at the City of Fort Collins Water Treatment Facility (the "Project"); and
WHEREAS,Platte River Power Authority("PRPA")currently has an existing water pipeline
that is located in an easement previously granted by the City at the Water Treatment Plant No. 2, as
more particularly described on Exhibit"A",attached hereto and incorporated herein by this reference
(the "Existing Easement Area"); and
WHEREAS, the Utility and PRPA desire to relocate the water pipeline currently located in
the Existing Easement Area to a new location at Water Treatment Plant #2 more specifically
described on Exhibit "B", attached hereto and incorporated herein by this reference (the "New
Easement Area"); and
WHEREAS, in order to carry out the relocation, the Utility has recommended that the City
grant to PRPA a nonexclusive utility easement for a water pipeline in the New Easement Area, in
exchange for the vacation by PRPA of its existing easement on the Existing Easement Area; and
WHEREAS, the proposed relocation of PRPA's water pipeline will assist the Utility in the
construction of the Project, and is not expected to result in any detrimental impacts to Water
Treatment Plant No. 2, the 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 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 THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the relocation of the PRPA water pipeline from the Existing Easement Area
to the New Easement Area,and the related grant of easement to PRPA over the New Easement Area
as provided herein will not materially impair the viability of the Utility system, and is in the best
interest of the City of Fort Collins.
Section 2. That the Mayor be, and hereby is, authorized to execute an easement agreement
with PRPA by which the City shall grant a nonexclusive easement in the new Easement Area for the
relocation of the PRPA water pipeline, in exchange for the abandonment and relinquishment by
PRPA 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 16th day of
April, A.D. 2002, and to be presented for final passage on the 7th day of May, A.D. 2002.
Mayor
ATTEST:
U�� C. .1,Uj
City Clerk
Passed and adopted on final reading this 7th day of May, A.D. 2042.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
EXISTING 30' UTILITY EASEMENT (Platte River Power Authority)
An easement located in the Northeast Quarter of Section 7, 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:
An easement 30 feet in width and shall be 15 feet each side measured at right angles and parallel
with the centerline described as follows:
Commencing at the East Quarter comer of said Section 7; thence along said East line, North
00°29'33" East, 1311.28 feet; thence, North 89°30'27" West, 463.86 feet to the POINT OF
BEGINNING of said centerline;thence,South 00000'00"West,379.75 feet;thence,South 88°56'44"
West,222.81 feet;thence,South 43°55'59"West,42.91 feet;thence,South 88°56'42"West, 136.65
feet to the POINT OF TERMINATION.
The above described easement contains 0.539 acres more or less and is subject to all easements and
rights-of-way now on record or existing.
EXHIBIT `B"
LEGAL DESCRIPTION
PROPOSED 30'NONEXCLUSIVE UTILITY EASEMENT (Platte River Power Authority)
An 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 the east line of said section
North 00°29'33" East, 1228.84 feet to the POINT OF BEGINNING; thence,North 45000'00" East,
15.51 feet; thence,North 00°03'30" East,49.96 feet to the southwesterly line of an existing 25 foot
wide easement recorded at Book 2104, Page 900; thence along the southwesterly and south line of
said easement and the south line of an existing 25 foot wide easement recorded at Book 2160,Page
753 North 45 55 55 East 8.93 feet; and again South 89 04'29" West 23.58 feet; thence South
03 30 West,43.34 feet;thence South 45 00 00 West,28.15 feet;thence South 00 00'16"West,
274.01 feet; thence South 8805641" West, 409.38 feet to the east line of an existing 30 foot wide
easement recorded at Reception Number 99008245; thence along said east line South 00°00'00"
West 30.01 feet to the south line of said easement; thence North 88°56'41"East 439.38 feet; thence
North 00°00'16" East, 291.03 feet; thence North 45000'00" East 12.63 feet the POINT OF
BEGINNING.
The above describe easement contains 0.540 acres more or less and is subject to all easements and
rights-of-way now on record or existing.