HomeMy WebLinkAbout186 - 12/07/1999 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS TO BOXELDER SANITATION DISTRICT FOR T ORDINANCE NO. 186, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE
EASEMENT INTERESTS TO BOXELDER SANITATION DISTRICT
FOR THE CONSTRUCTION OF FLOOD CONTROL MEASURES
AND THE REPAIR OF FLOOD-CAUSED DAMAGE
IN AND ALONG THE POUDRE RIVER
IN THE ARCHERY RANGE NATURAL AREA
WHEREAS,the City of Fort Collins is the owner of a certain parcel of real property located
in Larimer County, Colorado,which was originally purchased by the Wastewater Utility as part of
the expansion for the Resource Recovery Farm a portion of which is now known as the Archery
Range Natural Area("the Natural Area"); and
WHEREAS, Boxelder Sanitation District (the "District") owns property adjacent to the
Natural Area, upon which the District has located certain facilities, including sewage lagoons and
treatment plant; and
WHEREAS, in late April, 1999,heavy rains caused flooding and damage in the vicinity of
the Natural Area and the District's adjacent facilities,as had similar flood events in previous years;
and
WHEREAS,the District has previously acquired from the City,pursuant to Ordinance No.
113, 1999, a non-exclusive easement under and through a portion of the Natural Area, for the
construction and maintenance of flood control structures in cooperation with the U.S. Army Corps
of Engineers, to reduce the risk of flood damage in the sewage treatment lagoons of the District
adjacent to that easement; and
WHEREAS,the District wishes to acquire from the City a non-exclusive easement under and
through a portion of the Natural Area approximately.535 acres in size,as described on Exhibit"A",
attached hereto and incorporated herein by this reference(the "Permanent Easement"),for repair of
flood damage; removal of that portion of a 1995 dike, the removal of which was not previously
authorized; restoration of three eroded breakouts to pre-1999 flood conditions; and installation of
buried riprap to protect the District's sewage lagoons and constructed wetlands; and
WHEREAS, the District further wishes to acquire a non-exclusive easement under and
through a portion of the Natural Area approximately 8 acres in size, as described on Exhibit "B",
attached hereto and incorporated herein by this reference (the "Temporary Easement"), for
construction and maintenance work to repair damage to the Poudre River bank from April 1999
flooding,and to allow the completion of the work connected with installation of the improvements
contemplated in the Permanent Easement; and
WHEREAS,the District also seeks to alter the construction of a sewer line installed on the
Natural Area pursuant to the easement granted to the District by the City in June, 1998,pursuant to
Ordinance No. 99, 1998 (the "Sewer Line Easement"), in order to provide additional protection for
the sewer line and the manhole within the easement area, and has requested that the City agree to
amend the Sewer Line Easement to incorporate revised construction plans,to be approved by City
staff, and
WHEREAS, in exchange for the Permanent Easement and the Temporary Easement, the
District has agreed to pay to the City the fair market value of those easements, in the amount of
$2,000, for deposit in the Wastewater Utility Fund; and
WHEREAS, staff plans to prepare the necessary easement documents and the City Manager
will forward the same to the Mayor for execution, upon approval by the City Manager of detailed
plans for the improvements to be completed under the easements, including the definition of the
limits of disturbance of the Natural Area within the easement areas,and receipt of a certification by
the District that it has available for expenditure of all funds necessary for the completion of the
improvements and restoration of the Natural Area; 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 disposition of real property owned by the City will not materially
impair the viability of any City utility system of which the property is a part, will be for the benefit
of the City's citizens, and will be in the best interests 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 above described conveyance of the Permanent Easement and the
Temporary Easement,and the amendment of the Sewer Line Easement consistent with the foregoing,
will not materially impair the viability of the City's wastewater utility as a whole, will be for the
benefit of the City's citizens, and are in the best interests of the City of Fort Collins.
Section 2. That the Council hereby affirms and finds,nunc pro tunc July 20, 1999, that
the easement for construction and maintenance of flood control structures in cooperation with the
U.S. Army Corps of Engineers previously granted to the District pursuant to Ordinance No. 113,
1999,will not materially impair the viability of the City's wastewater utility as a whole, will be for
the benefit of the City's citizens, and is in the best interests of the City of Fort Collins.
Section 3. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Permanent Easement and the Temporary Easement to
Boxelder Sanitation District,and to amend the Sewer Line Easement,consistent with the terms and
conditions described above, upon the approval by the City Manager of detailed plans for the
improvements to be completed under the easements, including the definition of the limits of
disturbance of the Natural Area within the easement areas, and receipt of a certification by the
District that it has available for expenditure all funds necessary for the completion of the
improvements and restoration of the Natural Area.
Introduced, considered favorably on first reading, and ordered published this 16th day of
November,A.D. 1999,and to be presented for final passage on the 7th day of December, A.D. 1999.
Mayor
ATTEST:
14"21k - "- .
City Clerk
Passed and adopted on final reading this 7th day of December, A.D. 1999.
Mayor
ATTEST:
C,� L
City Clerk
EXHIBIT "A"
PERMANENT EASEMENTS - A & B
BOXELDER SANITATION DISTRICT
These, permanent easement A and permanent easement B, being part of the East Half of the
Northeast Quarter (E1/2 NE1/4) of Section Twenty-eight (28) in Township Seven North (T.7N.),
Range Sixty-eight West(R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State
of Colorado and being more particularly described as follows:
EASEMENT A:
BEGINNING at the Southeast Corner of said Section 28 and assuming the North line of the
Northwest Quarter of Section 34 as bearing North 89026'18" East a distance of 2645.46 feet with
all other bearings contained herein relative thereto:
THENCE North 160 13'56"West a distance of 4415.74 feet to the TRUE POINT OF BEGINNING:
THENCE South 24054'11" East a distance of 64.40 feet;
THENCE South 61005'06" West a distance of 162.94 feet;
THENCE North 00025'25"West a distance of 79.42 feet;
THENCE North 63051'00" East a distance of 9.16 feet;
THENCE North 63030'00" East a distance of 120.52 feet to the TRUE POINT OF BEGINNING.
Said described permanent easement A contains 0.226 acres, more or less (t) and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record or as now existing
on said described parcel of land.
EASEMENT B:
BEGINNING at the Southeast Corner of said Section 28 and assuming the North line of the
Northwest Quarter of Section 34 as bearing North 89°26'18" East a distance of 2645.46 feet with
all other bearings contained herein relative thereto:
THENCE North 13020'44"West a distance of 4462.11 feet to the TRUE POINT OF BEGINNING:
THENCE North 63030'00" East a distance of 244.41 feet;
THENCE South 08005'07" West a distance of 85.20 feet;
THENCE South 70046'46"West a distance of 218.14 feet;
THENCE North 00054'55"West a distance of 47.09 feet to the TRUE POINT OF BEGINNING.
Said described permanent easement B contains 0.309 acres, more or less (t) and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record or as now existing
on said described parcel of land.
Robert G. Flynn
11/24/99
Boxelder Sanitation District
Fort Collins Co. 80522
(970) 498-0604
pmC:IOFFICE\WP W INIEASEMEN-RCFCA&B.RIV
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BASIS OF BEARINGS
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EXHIBIT B
Page 1 of 2
EXHIBIT
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NORTHEAST CORNER
SECTION 28-T.7N.-R.68W.
S86'0g'20"E
481.48'
N6y 9 3 S95'97�46"E
N63' 1'00"E 5
9. 6' I I H►as : Aenlr SI X01'3TW
S46'58'24"E
226.11'
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so.
N16'02"s81"W
189.33' 1 ''
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TRUE POINT OF
j BEGINNING 1 72 12 20 W
x
I WEST NEE/OF S73.57'04"W 1 89.06'
24.20 ti S72 9'42"W
S70'24'31"W 11 71 05'
33.53'
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SECTION 28-T.7N.-R.68W. 1
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SECTION
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2645.46' 1
BASIS OF BEARINGS
\ NORTHLINE NW I/a SEC 4-T.7N.-R.68W`\
KING SURVEYORS9 INC. PROJECT NO: 97047EX2
9299 EASTMAN PARK DRIVE DATE: JULY 27. 1998
WINDSOR. CO. 90550 PHONE: (970) 686-5011 CLJENT: BOXELDER
Exhibit B
Page 2 of 2
PROPERTY DESCRIPTION
A parcel of land being part of the East Half of the Northeast Quarter(EI/2 NE I/4)of Section
Twenty-cight(28)and part of the West Half of the Northwest Quarter(WI/2 NW 1/4)of Section
Twcnty-seven(27),all in Township Seven North(T.7N_),Range Sixty-eight West(R.68 W.)of
the Sixth Principal Meridian(6th P.M.),County of Larimer,State of Colorado and being more
particularly described as follows:
BEGINNING at the Southeast Corner of said Section 22 and assuming the North line of the
Northwest Quarter of Section 34 as bearing North 89'26'18"East a distance of 2645,46 feet with
kill other hearings contained herein relative thereto:
THENCE.North 02*31'19" West a distance of 3700.27 feet to the TRUE POINT OF
BEGINNING:
'I'I II"NCE North 16°02'38"West a distance of 18933 feel-,
Tl IENCE North 40002'46'West a distance of 349.05 feet;
THENCE North 80°27'36"West a distance of 408.29 feet;
THENCI?South 56°13'58"West a distance of 608.44 feet to the West line of said F 1/2 NEI A
THENCE North 00°25'25"West along said West line a distance of 306.61 feet;
THEN(;('North 63°51'00"East a distance of9,16 feet;
THENCE North 63030'00"East a distance of 593.30 feet;
THENCI;South 86°09'20"Rust a distance of 461.48 feet;
THENCE South 10°45146"East a distance of 95.97 feet;
TI1ENCE South 13001'52"West a distance of 65.37 feet;
11 IENCE South 46058'24"East a distance of 226.11 feat;
TI WNC:E South 33021'50"East a distance of 412.94 feet;
TIiLNCF.South 72112'20"West a distance of 89.06 feet;
THENCE South 72°59'42"West a distance of 71.05 feet;
Tl 1ENCESouth 70°24'31"West a distance of 33,53 feet;
TI IRNCE South 73057'04"West a distance of 24.20 feet to the TRUF POINT OF
BEGINNING
Said described parcel of land contains 8.234 Acres,more or less(t)and is subject to any rights-
of-way or other easements as granted or reserved by instruments of record or as now existing rni
said described parcel of land.
SSIRVEVOR'S f ERTIFICATE
1,Charles 13.Jones,a Colorado Registered Professional Land Surveyor do hereby slate that this
Property Description was prepared under my personal supervision and checking,and that it is
taste and correct to the best of my knowledge,information,belief,and in my professional
opinion.
Charles A.tones � �: ---
z �U.
Colorado Registered Professio ro
Land Surveyor iY22098 JipinttQ S
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)690-5011
Project Number: 97047 (July 28, 1998)
(File: ftcollin.txl)