HomeMy WebLinkAbout112 - 08/15/2006 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT OVER CITY PROPERTY TO THE BOXELDER S ORDINANCE NO. 112, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
A TEMPORARY CONSTRUCTION EASEMENT OVER CITY PROPERTY
TO THE BOXELDER SANITATION DISTRICT
FOR THE PURPOSE OF EXTENDING SANITARY SEWER
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of a certain
parcel of real property located in Larimer County east of Interstate 25 and in the area identified
as the Timnath Community Separator, known as the Vangbo Property (the "Property"); and
WHEREAS, the Boxelder Sanitation District (the "District") currently has a non-
exclusive utility easement that runs along the western 30 feet of the Property for the purpose of
operating and maintaining underground utilities; and
WHEREAS, in order to construct said underground utilities the District wishes to acquire
a temporary construction easement (the "Easement") over, under and across an additional 30 feet
of the Property (the "Temporary Easement Area") as described in Exhibit "A", attached hereto
and incorporated herein by this reference; and
WHEREAS, the duration of the Easement shall be limited to no longer than two years
from the date of execution; and
WHEREAS, the District has agreed to compensate the City for the Easement in the
amount of $5,210, which the City's Real Estate Services office has determined to represent the
fair market value of the Easement; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the Easement will not have any significant, adverse effect on the Property; 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 said sale or other disposition will be for the benefit of the
City's citizens and 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 Easement over, under and across the Property,
consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and is in
the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Easement to Boxelder Sanitation District, upon the
terms and conditions described above, together with such additional terms and conditions as the
City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City, including any necessary corrections to the legal
descriptions thereof that do not result in a material increase or change in character of the
intended easement area.
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2006, and to be presented for final passage on the 1 y of August, A.D.3P06.
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r
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day o gust, A.D. 2006.
mayorU
ATTEST:
City Clerk
Exhibit "A" Page 1 of 2
EASEMENT DESCRIPTION
A Temporary Construction on the Vangbo property
A parcel of land Sixty feet(60')wide and running North South adjacent to
the East R.O.W. of Interstate 25, being part of the Southeast Quarter (SE1/4) of
Section Twenty-Two (22), in Township Seven North (T.7N.), Range Sixty-eight
West (R.68W.) of the Sixth Principal Meridian (6thP.M.), in Larimer County, State
of Colorado.
Said 60' strip of land being all within that part of a parcel described within a Quit
Claim Deed as recorded October 27, 1998, Reception # 98093395, of the
records of the Larimer County Clerk and Recorder. The Easement, a 60' strip of
which is centered on the East edge of the permanent 30' Easement allows for an
additional 30' Strip.
being more particularly described as follows:
Considering the West Line of the said Southwest Quarter of Section 22 as
bearing North 00116'00" East and with all other bearings contained herein
relative thereto:
BEGINNING at the Center of said Section 22, HENCE South 37130'43" West
3331.7l'to a point on the South Line of the Southwest 1/4 quarter of section 22.The
TRUE POINT OF BEGINNING, the Center line of the 60' Temporary Sewer Line
Easement and the East side of the 30' permanent Sewer Line Easement.
Thence North 12°34'00" West a distance of 1028.27 feet;
Thence North 00144'00" East a distance of 415.57 feet;
Thence North 09048'20" West a distance of 594.17 feet;
Thence North 20148'30" West a distance of 396.29 feet;
Thence North 05037'01" West a distance of 278.40 feet to the intersection of the
North line of said parcel of land also being North line of the South West 1/4 of
Section 22.
Said described easement contains a total of 3.74 Acres, more or less (t) and is
subject to any right-of-way or other Easements as granted or reserved by
instruments of record or now existing on said described parcel of land.
Robert G. Flynn
6/25/99
Boxelder Sanitation District
Fort Collins Co. 80522
(970) 498-0604
Length correction, 31 July 2006, RMS
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SECTION 22
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