HomeMy WebLinkAbout116 - 09/04/2001 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY FOR ENVIRONMENTAL MONITORIN ORDINANCE NO. 116, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
A NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY
FOR ENVIRONMENTAL MONITORING IN THE
CATHY FROMME PRAIRIE NATURAL AREA
WHEREAS, the City of Fort Collins (the "City") is the owner of that certain parcel of real
property located in Larimer County, Colorado, known as the Cathy Fromme Prairie Natural Area
(the "Natural Area"); and
WHEREAS, Larimer County (the "County") operates the Larimer County Landfill on the
property adjacent to the Natural Area, which is jointly owned by the City and the County; and
WHEREAS,in connection with the regulation and oversight of the Larimer County Landfill
by the Colorado Department of Public Health and Environment("CDPHE"),the County is required
to conduct ongoing monitoring of the environmental condition of the Landfill and adjacent property,
in order to determine the status of groundwater and surface water contamination from the Landfill;
and
WHEREAS, certain contamination was discovered on the site in 1989, resulting in the
County initiating and continuing monitoring on the Natural Area through a number of established
monitoring points, including groundwater monitoring wells, piezometers, and surface water
sampling stations; and
WHEREAS, CDPHE requires that the County provide legal documentation of its right to
carry out the above-described monitoring, and the County, in order to comply with this CDPHE
requirement, has requested that the City grant an easement on those portions of the Natural Area
shown on Exhibit "A," attached hereto and incorporated herein by this reference (the "Easement
Area"), and described as follows:
Portions of the Cathy Fromme Prairie located in Township 6 North,Range 69 West
ofthe 6th Principle Meridian,Larimer County,Colorado,more particularly described
as follows:
The southwest quarter (SW 1/4) of Section 3, the southeast quarter (SE 1/4) of
Section 4, and the north half of the northwest quarter(NW 1/4) of Section 10;
and
WHEREAS, the County has worked with the City to negotiate a proposed easement
agreement providing for the protection of the Natural Area, procedures and practices for the
monitoring activities, and notification and information sharing by the County, which easement
agreement, dated August 2, 2001, is on file in the office of the City Clerk and available for public
inspection (the "Easement Agreement"); and
WHEREAS, because of the City's mutual interest in the adequate monitoring and response
to environmental impacts of the Larimer County Landfill, staff recommends that the easement
described herein and in the Easement Agreement be granted to the County with no compensation
required; and
WHEREAS,at its regular meeting on August 1,2001,the Natural Resources Advisory Board
voted to recommend the approval of the Easement Agreement, subject to minor modifications
requested by the Board,which have generally been incorporated into the Easement Agreement;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 that 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 a non-exclusive easement for environmental
monitoring to the County over the Easement Area, subject to the terms and conditions of the
Easement Agreement, is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Easement Agreement,
together with such additional terms and conditions 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
August,A.D. 2001, and to be presented for final passage on the 4th day September, A.D. 2001.
Mayor � .
ATTEST: r
City Clerk
Passed and adopted on final reading this 4th day of September, A.D. 2001.
Mayor
ATTEST:
e
City Clerk
BIT "A"
LOCATION SKETCH FOR
WITHIN CATHYDFROMMEE PRARRIAS
E NATURAL FOR ENVIRONMENTAL MONITORING
AREA
r
CO. RD. 38E
j R NY R
_J
N
T�
l
��,r• �Eg�G PPE ,r•
P
,,. T
J 0
= W_
w 2
LL �
Q Y (n
n
v7
N TS WEST TRILBY RD.
JULY 10, 2001
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
U:\57 W P R OJ\WAL LY\D W C\MD N ITD R.D W C