HomeMy WebLinkAbout110 - 11/03/2009 - AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT ON A PORTION OF THE LARIMER COUNTY LANDFILL TO POUD ORDINANCE NO. 110, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A
UTILITY EASEMENT ON A PORTION OF THE LARIMER COUNTY
LANDFILL TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
WHEREAS, the City is a partial owner, along with the City of Loveland ("Loveland")
and Larimer County ("County"), of property known as the Larimer County Landfill ("Property")
located in the North ''/z of Section 9, Township 6 North, Range 69 west of the 6`h P.M.; and
WHEREAS, pursuant to an intergovernmental agreement between the City, County and
Loveland dated November 21, 1974, the County is responsible for the operation of the landfill on
the Property; and
WHEREAS, the County and Timberline Energy, LLC ("Timberline") entered into a
Landfill Gas Purchase Agreement dated January 16, 2008 ("Agreement"); and
WHEREAS, under the Agreement, in exchange for certain payments to the County,
Timberline is permitted to construct a landfill gas facility and associated gas recovery system
(the "Facility") on the Property in order to capture methane gas from the landfill and sell it to a
buyer; and
WHEREAS, Timberline has contracted with Poudre Valley Rural Electric Association,
Inc. ("REA") to provide electrical service for the Facility; and
WHEREAS, REA has requested from the owners of the Property an underground utility
easement on, under and across the Property as shown on Exhibit "A", attached and incorporated
herein by this reference (the "Easement"), to install an electrical power line to the Facility; and
WHEREAS, Timberline has agreed to pay $1,000 to the City for the Easement; and,
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of any and all interests in real property owned by the City,
provided the City Council first finds, by ordinance, that such sale or other disposition is in the
best interests of the City; and
WHEREAS, the Facility will improve local air quality by reducing the quantity of
methane vented into the atmosphere by the landfill.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows;
Section 1. That the conveyance of the Easement to REA, as set forth herein, is in the
best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary for the City, County and Loveland to convey the Easement on terms and conditions
consistent with this Ordinance, along 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, including, but not limited to, any necessary changes to the legal
description of the Easement, as long as such changes do not materially increase the size or
change the character of the Easement.
Introduced, considered favorably on first reading, and ordered published this 20th day of
October, A.D. 2009, and to be presented for final passage on t 3rd day of November, A.D.
2009.
Mayo '
ATTEST
City Clerk ,
Passed and adopted on final reading on the 3rd day of November, A.D. 2009.
Mayo
ATTEST:
City Clerk
EXHIBIT A
J•R ENGINEERING
A Wanrian company
LARIMER COUNTY LANDFILL
UTILITY EASEMENT
PROPERTY DESCRIPTION
A STRIP OF LAND BEING 10 FEET IN WIDTH LOCATED IN A PORTION OF THE NORTHEAST QUARTER
OF SECTION 9,TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
LARIMER, STATE OF COLORADO;SAID STRIP BEING 5 FEET ON EACH SITE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BASIS OF BEARINGS:THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 9,TOWNSHIP 6
NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN MONUMENTED BY
A 3-1/4" BRASS BLM CAP AT THE NORTHWEST CORNER AND A 3-1/4"
ALUMINUM CAP MARKED"LS 16847 2001"AT THE NORTH QUARTER CORNER,
BEING ASSUMED TO BEAR N89a55'48"E A DISTANCE OF 2726.59 FEET.
COMMENCING AT THE SAID NORTH QUARTER CORNER OF SECTION 9:
THENCE S73034'03"E A DISTANCE OF 2649.69 FEET,TO AN EXISTING UTILITY POLE,AND THE POINT
OF BEGINNING;
THENCE S54034'41"W A DISTANCE OF 31.00 FEET;
THENCE N84006'05"W A DISTANCE OF 839.82 FEET TO THE POINT OF TERMINUS.
CONTAINING A CALCULATED AREA OF 8,706 SQUARE FEET, MORE OR LESS.
PROPERTY DESCRIPTION STATEMENT
I,CHAD R.WASHBURN,A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF,ARE CORRECT.
CHAD R.WASHBURN, PROFESSIONAL LAND SURVEYOR 37963 z
COLORADO NO. 37963
FOR AND ON BEHALF OF JR ENGINEERING,LLC �1J/•.
" ANAL LAN4S"
2620 East Prospect Road,Suite 190,Fort Collins,CO 80525 -
970491-9888 i Fax:970491-9984 a w jrengineering.com
10/9/2009 C:1Documents and Settings\WashbutC\Local Settings\Temporary Internet Files\0LKB13965200LX1 UTIL ESMT(2).dooSHEET 1 of 2
NORTHWEST CORNER POINT OF COMMENCEMENT
SEC. 9, T6N, R69W NORTH QUARTER CORNER 100 50 0 100
RECOVERED 3-1/4" BRASS SEC. 9, T6N, R69W
RECOVERED 3-1 4 ALUM. CAP
BLM CAP MARKED "1952' BASIS OF BEARINGS MARKED "LS 16847 2001"
$ � — ORIGINAL SCALE:1"= 100'
w _ N89'55 48=E 2726.59'
a N. LINE, NW 1/4 SECSEC9'^
€ POINT OF TERMINUS o 5j334 03 E
mvi \?649 Bg• ~
POINT OF BEGINNING
— N84'06'05'W 839.82' EXISTING UTILITY POLE En
o — S54-34'41"W 31.00'— \
,� CENTERLINE OF 10'
Y UTILITY EASEMENT J
LARIMER COUNTY LANDFILL
" PARCEL EXHIBIT
LARIMER COUNTY LANDFILL
oP ra' JOB NO. 39652.00
9 37983 Z; = OCTOBER 8, 2009
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