HomeMy WebLinkAbout081 - 07/15/2008 - AUTHORIZING THE CONVEYANCE OF A SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CIT �d
ORDINANCE N0. 081, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A SANITARY SEWER EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY TO NEW BELGIUM
BREWING COMPANY, INC.
WHEREAS, the City is the owner of certain real property known as Lot 1 > Replat of
Lots 1 & 2, East Vine Streets Facility P.U.D. located in Fort Collins, Colorado (the "City
Property"); and
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WHEREAS, New Belgium Brewing Company, Inc. (the "Brewery") is the owner of
property adjacent to the City Property known as Lot 2, New Belgium B;ewery Fourth Filing (the
"Brewery Property"); and
WHEREAS, the Brewery is building a new building for search purposes and wishes to
acquire a sanitary sewer easement on the City Property, as *j scribed on Exhibit "A", attached
hereto, to connect the Brewery Property to the City of F Collins sewer system (the "Sewer
Easement"); and
WHEREAS, to facilitate construction in th Sewer Easement, the Brewery also wishes
to acquire a temporary construction easement on e City Property, as described on Exhibit "B",
attached hereto (the "TCE"); and
WHEREAS, the Brewery has a ed to pay the City $1,000 as compensation for the
easements; and
WHEREAS, the Brewery h agreed to restore the easement areas after completion of the
project to a condition compar a to their condition prior to construction, including the
restoration of any improvemen or conditions impacted by the construction of improvements or
use of the easement areas; an
WHEREAS, City taff has identified no negative impacts to the City resulting from the
grant of the requested sements or installation of the sewer line; and
WHEREA , Section 23-111(a) of the City Code provides that the City Council is
authorized to sel , convey, or otherwise dispose of any and all interests in real property owned in
the name of City, provided that the Council first finds, by ordinance, that such sale or other
disposition i in the best interest of the City.
W, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT OLLINS as follows:
Section 1. That the conveyance of the Sewer Easement and TCE on the City Property
in the best interest of the City.
NO ACTION TAKEN
Section 2. That the Mayor is hereby authorized to execute such documents a e
necessary to convey the Sewer Easement and TCE to New Belgium Brewery, Inc., on ter and
conditions consistent with the terms of this Ordinance, together with such additional t sand
conditions as the City Manager, in consultation with the City Attorney, determines ar necessary
or appropriate to protect the interests of the City, including, but not limited to, y necessary
changes to the legal descriptions of the Easements, as long as such changes d not materially
increase the size or change the character of the Easements.
Introduced, considered favorably on first reading, and ordered p ished this Ist day of
July, A.D. 2008, and to be presented for final passage on the 15th d/ay of uly, A.D. 2008.
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Mayor;
ATTEST: `
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City Clerk �
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Passed and adopted on final reading on Ae 15th day of July, A.D. 2008.
/ Mayor
ATTEST:
City Clerk
/ NO ACTION TAKEN