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Home My WebLink About023 - 03/16/2010 - AUTHORIZING THE CONVEYANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY CANAL NO. 2 IRRI ORDINANCE NO. 023, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERPETUAL,NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY WHEREAS, the City is the owner of property known as the Old Water Works property located at 2005 North Overland Trail Road, in Larimer County, Colorado; and WHEREAS,water to power the Old Water Works was originally conveyed to and across the Old Water Works property from the Cache La Poudre River through a ditch constructed by the City (the "City Ditch"); and WHEREAS, the City Ditch to the north of the Old Water Works is generally located on a parcel of real property that was acquired by the City in 1883 (the "City Ditch Property"); and WHEREAS, the Old Water Works and the City Ditch Property were or have been acquired by the City for Water Utility purposes using Water Utility revenues; and WHEREAS, on April 5, 1906, the City Council adopted a resolution which authorized the lease of the City Ditch to Larimer County Canal No. 2 Irrigating Company(the "Ditch Company") for a period of 99 years,in exchange for construction of certain improvements and maintenance and repair of the City Ditch and related structures; and WHEREAS, on April 13, 1906, the City and the Ditch Company entered into a lease agreement providing for the lease of the City Ditch, in exchange for construction of certain improvements and maintenance and repair of the City Ditch and related structures (the "Lease"); and WHEREAS,the Lease states that the Ditch Company may,at its option,renew the Lease for an additional ninety-nine year period, but this option to renew had not been approved by the City Council in the resolution authorizing the Lease; and WHEREAS, the Lease expired on April 13, 2005; and WHEREAS, on March 15, 2005, the City Council approved Resolution 2005-023, authorizing a one-year extension of the Lease to the Ditch Company; and WHEREAS,on April 4,2006,the City Council approved Resolution 2006-039,authorizing a two-year extension of the Lease to the Ditch Company; and WHEREAS, on March 18, 2008, the City Council approved Resolution 2008-032, authorizing another one-year extension of the Lease to the Ditch Company; and WHEREAS, on March 24, 2009, the City Council approved Resolution 2009-030, authorizing an additional one-year extension of the Lease to the Ditch Company; and WHEREAS, the Ditch Company has a continued need to use the City Ditch, and there is substantial value to the City in avoiding the disruption of irrigation flows that would result if the City Ditch were not available to convey said flows; and WHEREAS, in order to establish an ongoing arrangement for the continued use of the City Ditch by the Ditch Company and to resolve the dispute and disagreement between the City and the Ditch Company regarding the extent of the authorization for such use, City staff and the Ditch Company have negotiated the terms of a perpetual, non-exclusive easement (the "Easement") for the use of the Ditch Company for conveyance of Larimer County Canal No. 2 irrigation flows over that certain area more specifically described in Exhibits A through D, attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, in order to protect the City's interests and define the scope and terms and conditions governing the use of the Easement Area, City staff has negotiated with the Ditch Company the Easement Deed with Terms and Conditions,a copy of which,dated February 24,2010, is on file in the Office of the City Clerk and available for public inspection(the"Easement Deed"), which Easement Deed is incorporated herein by this reference; and WHEREAS,City staff has identified no negative impacts to the City resulting from the grant of the Easement; and WHEREAS, City staff is recommending that the Ditch Company not be charged for the Easement because of the City's desire to resolve the disagreement with the Ditch Company regarding the extent and term of the Lease, and because of the City's interest in facilitating the continuation of the current configuration of the Larimer County Canal No.2 irrigation facilities and arrangements; 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 a City Utility,provided the Council first finds by ordinance that such sale or other disposition will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens of the City will be for the benefit of the City's citizens and 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 to the Ditch Company over the Easement Area as described herein and in the Easement Deed will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens of the City will be for the benefit of the City's citizens and in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the Ditch Company on terms and conditions consistent -2- substantially similar to those set forth in the Easement Deed and consistent with this Ordinance, together with such additional terms and conditions or subsequent amendments or corrections as the City Manager, in consultation with the City Attorney, determines are 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 2nd day of March, A.D. 2010, and to be presented for final passage on the day of March, A.D. 2010. Mayor ATTEST: - City Clerk Passed and adopted on final reading on the 16th day of March, A.D. 2010. O Mayor _ J ATTEST: City 11AAClerk A�� -3- Stantec CansulOnj I& _--- 209 Sadh Md& m Stred Port Coffins CO 800.2603 Td:(970)482-S922 Fax:(970)482.636E stantec.Cmn Stan ec EXHIBIT A DESCRIPTION A parcel of land located in the Northwest Quarter of the Southeast Quarter of Section 32, Township 8 North,Range 69 West of the 61h Principal Meridian, County of Larimer, State of Colorado,being more particularly described as follows; Considering the North line of said Southeast Quarter of Section 32 being monumented at the West end by a 3"aluminum cap in a range box stamped LS 20123 dated 1989 and at the East end by a 3"aluminum cap in a range box stamped LS 20123 dated 1989, as bearing South 89°10'03"East and with all bearings herein relative thereto. COMMENCING.at the Center Quarter of said Section 32, Thence South 89°10'03"East a distance of 89.74 feet to the Point of Beginning of a 50 foot wide strip of land the centerline of which is described as follows: Thence South 02*18'56"East a distance of 67.05 feet; Thence South 14°22'37"East a distance of 99.47 feet; Thence South 03'l P]5"East a distance of 71.19 feet; Thence South 14°12'27"East a distance of 162.73 feet; Thence South 26'05'14"East a distance of 190.58 feet; Thence South 33°14'09"East a distance of 261.13 feet; Thence South 22°45'21"East a distance of 71.67 feet; Thence South 04'49'34"East a distance of 102.37 feet; Thence South 04°09'28" East a distance of 84.31 feet; Thence South 32*41'54"East a distance of 15.22 feet; Thence South 65°55'l2"East a distance of 33.6E feet to the POINT OF TERMINUS, with sidelines prolonged or shortened to meet the Northerly property line of parcel described at reception number 0000780490 at the Larimer County Clerk and Recorder Office, and being parallel with the above described centerline. PA'�E 1 OF 2 stantec The above described tract contains 1.36 acres,more or less, and is subject to all easemc s of way of record or existing, p�j� •;o fL b• 7 70 :O atn, M�p.o David L. nson Colorado Professional Land Surveyor Registration Number 36070 V:\5287I i\active\l87110080\survey\exhibit\EXHB-A-NORTHDITCH.dac jav/dls April4,2007 PAGE 2 OF 2 A REPRESENTATION OF EXHIBIT A A TRACT OF LAND LOCATED IN THE NORTHWEST OUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER. STATE OF COLORADO E 1A CORNER SECTION 32. TO*M4p . 8 NORTH, RANGE 89 WEST 2 FOUND 3' AC IN 473 RANGE BOX LS 20123 DATED 1989 �OUf 4�iW 4 or�� Cp O+` ti4m y you m EXHIBIT A 'i'. !3 1 1.36 ACRES S 22'45'21 E T ;r 71.6r ro a S 32'41'5 Ems: _ 15.22' ..' C S 67 05560 E S 14'273• E 25' 50- POINT OF S 14.22.37 E BEGINNING 94 47 S 03'11'15' E S 04'49'34- E 71A9' 102.37' S 04-09'2�8' E 84.3, POINT OF S 33'14'OV E S 65'55'120 E s9.74' TERMINUS 9 • E M74 POINT OF COMMENCEMENT 261.13' 33.68' C 1/4 CORNER SEC. 32.TONNSHr 8 S 26'05'14' E NORTH, RANGE 69 NEST 190.58, FOUND r AC IN RANGE 90X LS 2D123 DATED 1989 0 1D0' ISO, 2DD' ••`�`:�• �"�� R JOOUNIY ATOIDANALNO.2 11008D � ERTY 1:100 !L^P-m-a,on RCauwA ersxtam ��y.�^ F'� .e2dlm 1 ,Ai: J vLL wwve.m tmaaeu.ra Mom'�u dioo was-oY noRn+sEGr�xr sx�r i av i c�tnrvm+Vmnamc..�,�n..,.oV�'-adv v+asm,�av w Stantec Comuhing Inc 209 Sagth Meldrum Sueet Fort CoAins CO W521.2603 Tel:(970)42-5922 Far.(970)482fi30 stantec.com Stantec EXHIBIT B DESCRIPTION A tract of land located in the Northwest Quarter of the Southeast Quarter of Section 32, Township 8 North, Range 69 West of the 6`h Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows: Considering the North line of said Southeast Quarter of Section 32 being monumented at the West end by a 3" aluminum cap in a range box stamped LS 20123 dated 1989 and at the East end by a 3"aluminum cap in a range box stamped LS 20123 dated 1989, as bearing South 89°10'03"East and with all bearings herein relative thereto. COMMENCING at the Center Quarter of said Section 32, Thence South 24a05'55"East a distance of 1177.77 feet to the POINT OF BEGINNING; Thence South 70°56'09"East a distance of 41.48feet; Thence North 19°03'51"East a distance of 10.03 feet; Thence South 70°56'09"East a distance of 50.53 feet; Thence South 24*03'18" West a distance of 36.01 feet; Thence North 70056'09" West a distance of 47.61 feet; Thence North 19°03'51"East a distance o£5.96 feet; Thence North 70056'09" West a distance of43.00 feet; Thence North 24°04'48"East a distance of 19.96 feet to the POINT OF BEGINNING. The above described tract contains 2,600 square feet, more or less, and is subject to all easeme ri is of way of record or existing. i 6070 20 ANAL I ANo David son Colorado Professional Land Surveyor Registration Number 36070 V:\52871f\activc\187110080\suryey\exhibii\EXHB-A-NORTHDITCH.doc jav/dIs April 4,2007 A REPRESENTATION OF EXHIBIT B A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32. TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER. STATE OF COLORADO E 1/4 CORNER PLANT OF COMMENCEMENT SECTION 32. TOWNSHIP C 1/4 CORNER aQ 32.TOWNSHIP 8 (BASIS OF BEARING) WIESTT ORTH. HtAN[ 69 NORTH. RANGE 89 WEST S 69f0'03' E FOUND 3' AC N FOUND 3'AC IN RANGE BOX NORTH LINE OF SE QIARTM RANGE BOX LS 20123 DATED 19B9 SEC 32. TBN. R69W LS 20123 DATED 1989 S B910'Gr E 2660.5S' S 24'05'S5' E I .. 1177.774 Y S 70'56'09" E 4i 48' POINT OF 19'03'51' E BEGINNIN �J.I or 10.03. N 24'04'48' E S 70'56*09' E 19.96' N 7056209' W $/ 50.53' 4s.o 1. —EXHIBIT B 2.6DO S.F N 19'03'51' E S 24'03'16' W 5.96' 36.01' N 70'56'09' W 47.61' mrtumn om P O 100' 150' 200' r r� "a'"'o M6tCOLKTYCANAL"0.2 187110080 . o.s."a°^ EME tATan WATER WORKS aml=rost-mo min .:aTs 2 seaMeit i�'�v Fan.�iY pp 4_ '� S EET 1 OF 1 Liz. 1917001Sy...�seM�\fineq'-pray yte/a1o7 I9N. w , StLItEG COAfU�Iffg laL 49 South Me16W Street Fart C01%CO W521.26M Tek(9M)482.5922 Far(970)482-6368 Sf2libeC.COnt 021- .A Stantm EXHIBIT C DESCRIPTION A parcel of land located in the Northwest Quarter of the Southeast Quarter of Section 32, Township 8 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado,being more particularly described as follows: Considering the North line of said Southeast Quarter of Section 32 being monumented at the West end by a 3"aluminum cap in a range box stamped LS 20123 dated 1989 and at the East end by a 3"aluminum cap in a range box stamped LS 20123 dated 1989, as bearing South 89"10'03"East and with all bearings herein relative thereto. COMMENCING at the Center Quarter of said Section 32, Thence South 26°40'47"East a distance of 1250.47 feet to the Point of Beginning of a 50 foot wide strip of land the centerline of which is described as follows: South 65a56'42"East a distance of 17.26 feet; Thence South 35'08'14"East a distance of 171.27 feet; Thence South 00`46'24"West a distance of 53.05 feet; Thence South 45°37'54"East a distance of 23.89 feet to the POINT OF TERMINUS, with sidelines prolonged or shortened to meet the Southerly property line of parcel described at reception number 0000780490 at the Larimer County Clerk and Recorder Office, and being parallel with the above described centerline. The above describ et con ains 0.305 acres,more or less,and is subject to all easeme of record or existing. c t 36070 i o o's, 07 "Fs�.eel : g S�ONAL LOO David L.Swanson Colorado Professional Land Surveyor Registration Number 36070 V:W871 flactive11 87 1 1 00 8 04surveylexhibit\LXHB-A-NORTHDITCH.doc jav/dls April 4,2007 4 A REPRESENTATION OF EXHIBIT C A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32. TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER. STATE OF COLORADO POINT OF COMM04CEMENT c 1/4 CORNER Sm S2.TOYMSHIP 6 S 8910'0.T' E 2680.55' NORTH. RANGE 89 VEST FOUND 3' AC M RANGE BOX (BASIS OF BEARING) LS 20123 DATED 1989 S 8910'03' E E 1/4 CORNER f-- NORTH LINE OF SE QUARTER SECTION 32. 70V*M P SEG 32. Tom+. Rww 8 NORTH. RANGE 69 WEST FOUND 3' AC IN RANGE BOX S 26'40047" E / c'! lU2t LS 20123 DATED 1989 1250.47' r, S 65'S6'420 E POINT OF 17.26' BEGINNING S 35'08'14" E 171.2r 50 EXHIBIT C 0.305 ACRES 25' S 00'4624" W 53.05' S 45'3754' E 23.89' POINT OF SOUTHERLY PROPERTY LINE PER RECEPTION NUMBER OD0078O490 TERMINUS b too' 150' 200' �'g •••.�••� wlulEr+cauNrvCANaLero.a •�„` FA9BiTATOIDWAT13tNtliC(8 187110080 8A M+e1�� a10Ca" diwY.i`T 1NLO Guro 1-0) „CEMM 13 "1W>n/..w.Ven+meo\.wyp.r.\fmmwurl Wmu+9MS wl ° k100 9EEfI OF EXHIBIT"D" DESCRIPTION OF A PORTION OF, THE CITY DITCH (WATER WORKS (1ANAL) A tract of land located in the'North Half of Section 32 Township 8 North Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, the said tract is 40 . 00 feet on the northeasterly side of the following described centerline and 30 . 00 feet on the southwesterly side of the following described centerline; Commencing at the intersection of the existing centerline of the City Ditch (Water Works Canal) with the south line of the said north half of Section 32, the said intersection is also the TRUE POINT OF BEGINNING of this description; THENCE in a northwesterly direction along the said existing centerline to the point of intersection with the north line of the Northwest Quarter of the said Section 32 and to the terminus of the said centerline. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion . The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C . MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 1 of 1