HomeMy WebLinkAbout147 - 10/05/2004 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE RELOCATION OF A WATERLINE BY ORDINANCE NO. 147, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT
INTERESTS FOR THE RELOCATION OF A WATERLINE BY THE
NORTH WELD COUNTY WATER DISTRICT TO A NEW LOCATION
ON THE GUSTAV SWANSON NATURAL AREA
WHEREAS, the City of Fort Collins owns certain real property located in the city and in
Larimer County, Colorado, known as the Gustav Swanson Natural Area (the "Natural Area
Property"); and
WHEREAS, the main water transmission line of the North Weld County Water District
("North Weld") is located within the south bank of the Cache La Poudre River along the City's
Northside Aztlan Community Center property(the "Aztlan Property"), and in its current location
turns north to cross the river and the Natural Area Property; and
WHEREAS, the existing North Weld waterline was in place on the Natural Area
Property when the City acquired it, and appears to have been located in an existing easement (the
"Existing Easement"), although the exact details of the prior grant are unclear; and
WHEREAS, in connection with the proposed implementation of environmental cleanup
activities in the river and on the Aztlan Property, North Weld has been asked to relocate its
existing waterline from its current location along the south bank of the Cache La Poudre River to
a location further south on the Aztlan Property, and to shift the river crossing of the waterline
further downstream from its current location; and
WHEREAS, in order to install the waterline in the new location, North Weld has
requested a nonexclusive temporary construction easement for three months and a 30-foot wide
permanent nonexclusive easement on and under the Natural Area Property, in the location on the
Natural Area Property described and shown on Exhibit "A", attached hereto, consisting of 5
pages and incorporated herein by this reference (the "Temporary Construction Easement" and
the "Permanent Easement", respectively); and
WHEREAS, in exchange for the grant of the Temporary Construction Easement and the
Permanent Easement, North Weld has agreed to vacate the Existing Easement no later than 30
days after completion of the relocation of the waterline; and
WHEREAS, on September 21, 2004, the City Council adopted on second reading
Ordinance No. 140, 2004, authorizing temporary and permanent easements on the Aztlan
Property for the relocation of the waterline; and
WHEREAS, City staff has reviewed the location of the proposed Temporary
Construction Easement and Permanent Easement, and has determined that the new waterline
location will not significantly impact or impair the natural resource values or natural areas
program use of the Natural Area Property; and
WHEREAS, City staff has made an approximate value finding for the easements, and has
found the value of the easements to total approximately$185,000; and
WHEREAS, in view of the anticipated benefits to the City and to the general public of
the environmental cleanup activities that are proposed to occur in the river and near and on the
Aztlan Property, which will be facilitated by the relocation of the waterline easements authorized
hereunder, City staff has recommended that the City not require the payment of consideration for
the easements authorized hereunder; and
WHEREAS, as a condition of the Temporary Construction Easement and the Permanent
Easement, regarding, reseeding and other restoration of the areas disturbed by the installation of
the waterline will be required; 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, provided the
Council first finds by ordinance that any sale or other disposition of real property owned by the
City 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 conveyance of the Temporary Construction Easement and the
Permanent Easement, as set forth herein, will be in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Temporary Easement
Agreement and the Permanent Easement Agreement, together with such additional terms and
conditions not inconsistent with this Ordinance as the City Manager, in consultation with the
City Attorney, determines to be necessary or appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 21st day of
September, A.D. 2004, and to be presented for final passage on the 5th day of October, A.D.
2004.
Mayor
ATTEST:
)�Ia. 1L—
City Clerk
Passed and adopted on final reading this 5th day of October, A.D. 2004.
Mayor
AAlAIST:
City Clerk
09/49/2004 09:18 9706865821 KING SURVEYORS INC PAGE 02/04
PROPERTY DESCRIPTION
Exhibit A
City of Fort Collins
Waterline Easement and Temporary Construction Easements
A parcel of land being a part of the Northwest Quarter(NW I/4)of Section Twelve(12),Township Seven
North(T.7N.),Range Sixty-nine West(R.69W.),Sixth Principal Meridian(C°P.M.),City of Fort Collins,
County of Latimer,State of Colorado,being dedicated m a 30.00 foot wide waterline easement,the
centerline of said easement more particularly described as follows:
COMMENCING at the Northwest Comer of said Section 12 and assuming the West line of the Northwest
Quarter(NW 1/4)of said Section 12 to bear South 00006'49"West,a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2656.73 feet with all
other bearings herein relative thereto;
THENCE South 00006'49"West a distance of 1172.15 feet to the Southerly Right of Way(ROW)line of
the Colorado and Southern Railroad;
THENCE North 56046'49"East along said Southerly ROW line a distance of 227.42 feet to the East line of
that parcel of land described in a deed recorded January 17,2003 as Reception No,2003006605 of the
Records of Latimer County;
THENCE South 00006'49"West along said East line a distance of 17.95 to the TRUE POINT OF
BEGINNING;
THENCE North 56046'49"East along a line parallel with and 15.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 628.17 feet;
THENCE South 32040'l6"East a distance of 140.84 feet;
THENCE South 09'25'03"East a distance of 120.55 feet;
THENCE South 33013'11"East a distance of 372.14 feet;
THENCE South 21052'48"East a distance of 65.00 feet;
THENCE North 68"06'48"East a distance of 301.84 feet to the West line of the Linden Tech Center and
the POINT OF TERMINATION.Said point of termination bears North 00'16'34"East a distance of
116.45 feet from the SW comer of said Linden Tech Center.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the East line of that parcel of land described in a deed recorded January 17,2003 as Reception No.
20D3006605 of the Records of Latimer County and terminate on the West line of said Linden Tech Center.
Said waterline easement contains 1.122 acres,more or less(t),and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
Said waterline easement will be benefited by Two(2)temporary construction easements.One will adjoin to
the Northerly sideline of said permanent waterline easement in the vicinity of the Cache La Poucire River
crossing,and the sidelines of this temporary construction easements are prolonged or shortened to begin on
the Easterly line of the previously described permanent waterline easement and terminate on the Westerly
line of the Linden Tech Center and said temporary construction easement is 50.00 feet wide.The second
temporary construction easement is of variable width and adjoins to the Southerly and Westerly sidelines of
said permanent waterline easement,and is more particularly described as follows:
COMMENCING at the Northwest Corner of said Section 12 and assuming the West line of the Northwest
Quarter(NW I/4)of said Section 12 to bear South 00006'49"West,a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2656.73 feet with all
other bearings herein relative thereto;
THENCE South 00'06'49"West a distance.of 1172.15 feet to the Southerly Right of Way(ROW)line of
the Colorado and Southern Railroad;
THENCE North 56046'49"East along said Southerly ROW line a distance of 227.42 feet to the East line of
that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605 of the
Records of Larimer County;
THENCE South 00"06'49"West along said East line a distance of 35.90 to the TRUE POINT OF
BEGINNING;
THENCE North 56046'49"East along a line parallel with and 30.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 622.89 feet;
THENCE South 32'40'16"East a distance of 122,61 feet;
THENCE South 09025'03"East a distance of 120.62 feet; 1�
THENCE South 33'13'11"East a distance of 373.81 feet;
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THENCE South 21°52'48"East a distance of 78.51 feet;
THENCE North 68°06'48"East a distance of 310.73 feet to the West line of the Linden Tech Center;
THENCE South 00°16'34"West along said West line a distance of 53.99 feet;
THENCE South 68006'48"West a distance of 236.08 feet;
THENCE North 81037'11"West a distance of 120.74 feet;
THENCE North 21052'48"West a distance of 62.70 feet;
THENCE North 33013'I1"West a distance of 379.38 feet;
THENCE North 09°25'03"West a distance of 120.87 feet;
THENCE North 32040'I6"West a distance of 61.84 feet;
THENCE South 56°46'49"West along a line parallel with and 80.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 605.30 feet to the
East line of that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605
of the Records of Latimer County;
THENCE North 00006149"East along said East line a distance of 59.85 feet;
The Two(2)temporary construction easements contain a total of 2.146 acres,more or less(t),and are
subject to any rights-of-way or other easements of record or as now existing on said described parcels of
land.
SURVEYOR'S CERTIFICATE
1,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
beat of my knowledge and belief.
Steven A.Lund—on behalf of King Surveyors,Inc.
Colorado Registered Professional
Land Surveyor#34995 `1
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
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09/@9/2004 09:18 9706865821 KING 5URVEVUR5 1NU PAGE 04104
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30' WATERLINE EASEMENT EXHIBIT A PART
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1172.15' �• � _ — 158.22' _ _ �-• 1328.37'
S00.06'49"W (BASIS OF BEARING) 2656.74
NORTHWEST CORNER WEST QUARTER CORNER
SECTION 12, T.7N., R.69W. SECTION 12, T,711., R.69W.
® XING SLOMPYORS, INC. PROJECT NO:2004371
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:8-31-04
PHONE: (970) 686-5011 FAX: 970) 686-5821 CLIENT04ORTH WELD WATER
( DWG:2004371EXH
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PROPERTY DESCRIPTION
Exhibit A
City of Fort Collins—Linden Tech Center
Waterline Easement
A parcel of land located in the Southwesterly portion of the Linden Tech Center and being a part of the
Northwest Quarter(NW 1/4)of Section Twelve(12),Township Seven North(T.7N.),Range Sixty-nine
West(R.69W.),Sixth Principal Meridian(6's P.M.),City of Fort Collins,County of Latimer,State of
Colorado,being dedicated as a 30.00 foot wide waterline easement,the centerline of said easement more
particularly described as follows:
COMMENCING at the Southwest Comer of said Linden Tech Center and assuming the West line of the
Linden Tech Center to bear North 00016'34"East,a grid bearing of the Colorado State Plane Coordinate
System,North Zone,North American Datum 1983/92,a distance of 1052.70 feet with all other bearings
herein relative thereto;
THENCE North 00016'34"East along the West line of said Linden Tech Center a distance of 116.45 to the
TRUE POINT OF BEGINNING;
THENCE North 68006'48"East a distance of 48.91 feet to the centerline of a 20.00 foot wide utility
easement dedicated in the plat of said Linden Tech Center;
THENCE North 87049'14"East along the centerline of said utility easement a distance of 42.00 feet to the
Easterly line of that parcel of land described in a deed recorded July 13, 1990 as Reception No.90030336 of
the Records of Latimer County and the POINT OF TERMINATION.Said point of termination bears
North 24005'22"West a distance of 150.03 feet from the SE corner of said parcel described in Reception
No.90030336.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the West line of said Linden Tech Center and terminate on the Easterly line of that parcel of land
described in a deed recorded July 13, 1990 a;Reception No.90030336 of the Records of Larimer County.
Said waterline easement contains 0.063 acres,more or less(t),and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
Said waterline easement will be benefited by temporary construction easements 50.00 feet wide adjoining to
the Northerly and Southerly sidelines of said permanent waterline easement,the sidelines of the temporary
construction easements are prolonged or shortened to begin on the West line of said Linden Tech Center and
terminate on the Easterly line of that parcel of land described in a deed recorded July 13, 1990 as Reception
No.90030336 of the Records of Latimer County,
The Two(2)temporary construction easements contain a total of 0.209 acres,more or less(t),and are
subject to any tights-of-way or other easements of record or as now existing on said described parcels of
land.
SURVEYOR'S CERTIFICATE
1,Steven A.Lund,a Colorado Registered Professional Land Surve reby state that this Property
Description was prepared under my personal supervision and e that it is true and correct to the
beat of my knowledge and belief. (\;
IA
n
Steven A.Lund—on behalf of AVg%%JYN,Inc.
Colorado Registered Pmfessionalk
Land Surveyor#34995
KING SURVEYORS,INC. .
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
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08/31/2004 15:26 9706865821 KING SURVEYORS INC PAGE 05/0
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PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:NORTH WELD WATER DI
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