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Home My WebLink About072 - 08/21/2012 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEME ORDINANCE NO. 072, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY TO THE NORTH WELD COUNTY WATER DISTRICT AND THE EAST LARIMER COUNTY WATER DISTRICT WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado, identified in County records as parcel number 97070-00-908, and known as the Water Treatment Facility (the "City Property"); and WHEREAS, the North Weld County Water District and the East Latimer County Water District (the "Districts") have requested a waterline easement and a temporary construction easement (collectively, the "Easements") on the City Property for the benefit of their North Weld —ELCO Water Transmission Pipeline ("NEWT") Project; and WHEREAS, the proposed Easements are described on Exhibit "A", attached and incorporated herein; and WHEREAS, the proposed Easements would be used by the Districts to install an underground pipeline to connect the Soldier Canyon Water Filter Plant to the Districts' distribution systems; and WHEREAS, the proposed waterline easement is 1.685 acres in size and the temporary construction easement is 2.756 acres in size; and WHEREAS,the Districts would compensate the City$11,063 for the Easements and For staff processing time; and WHEREAS, Section 23-1 11 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City and, with respect to real property that is a part of the City's water or utility systems,that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City; and WHEREAS,City staff has not identified any negative impacts to the City resulting from the granting of the Easements; and WHEREAS,assisting the Districts with this easement request benefits the citizens of the City by encouraging cooperation and collaboration among regional water providers and providing the potential for emergency interconnects between water systems. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements on the City Property to the Districts as provided herein is in the best interests of the City, will not materially impair the viability of the water utility's system as a whole, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to the Districts on terms and conditions consistent with this Ordinance, together with such additional terms and conditions 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 descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2012, and to be presented for final passage on the 21 st day of August, A.D. 2012. FORT CO � �/ _�O.. ,...... • ti Ma}}17 : •:N or ATTEST: ••OLORP� City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2012. F FORT ,O •• ,O� Mayor ATTEST: �2 SEA City Clerk COLORPnO _ PROPERTY DESCRIPTION Exhibit A (1 of 3) Parcel PE A strip of land,Forty(40)feet in width,being part of that parcel of land described on Exhibit B in that Special Warranty Deed recorded July 3, 1984 in Book 2278 at Page 2163 of the records of the Larimer County Clerk and Recorder,located in the Northeast Quarter(NE 1/4)of Section Seven(7) and the Northwest Quarter(NW l/4)of Section Eight(8),both in Township Seven North(T.7N.), Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6th P.M.),County of Latimer, State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast comer of said Section 7 and assuming the East line of the Northeast Quarter(NEl/4)of said Section 7 as bearing South 00029'27"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2619.95 feet,with all other bearings contained herein relative thereto: THENCE South 00°29'27"West along the East line of the Northeast Quarter(NEl/4)of said Section 7 a distance of 115.40 feet to the Northerly line of said parcel of land described on Exhibit B; THENCE North 89001'04"East along the Northerly line of said parcel of land described on Exhibit B a distance of 532.27 feet to the Northeast comer of said parcel of land described on Exhibit B; - THENCE South 12*10'14"East along the Easterly line of said parcel of land described on Exhibit B a distance of 52.55 feet to the POINT OF BEGINNING; THENCE continuing South 12010'14"East along the Easterly line of said parcel of land described on Exhibit B a distance of 40.73 feet; THENCE South 88043'37"West a distance of 1839.80 feet to the Westerly line of said parcel of land described on Exhibit B; THENCE North 00°29'57"East along the Westerly line of said parcel of land described on Exhibit B a distance of 40.02 feet; THENCE North 88°43'37"East a distance of 1830.86 feet to the POINT OF BEGINNING. Said strip of land contains 73,413 sq.ft.or 1.685 acres,more or less(#and may be subject to any rights-of-way or other easements of record or as now existing on said described strip of land. Parcel TCE A strip of land,Sixty-five(65)feet in width,being part of that parcel of land described on Exhibit B in that Special Warranty Deed recorded July 3, 1984 in Book 2278 at Page 2163 of the records of the Larimer County Clerk and Recorder,located in the Northeast Quarter(NEI/4)of Section Seven (7)and the Northwest Quarter(NW 1/4)of Section Eight(8),both in Township Seven North (T.7N.),Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6a'P.M.),County of Larimer,State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 7 and assuming the East line of the Northeast Quarter(NEl/4)of said Section 7 as bearing South 00029'27"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2619.95 feet,with all other bearings contained herein relative thereto: P 004 O C: p 38106o 0 `:3.14. Y:\2011537\pmperty descriptions\ESMT-FORT COLLINS-4+5.doc Last printed 3/14/2012 2:15:00 PM PROPERTY DESCRIPTION Exhibit A (2 of 3) THENCE South 00029'27"West along the East line of the Northeast Quarter(NEI/4)of said Section 7 a distance of 115.40 feet to the Northerly line of said parcel of land described on Exhibit B; THENCE North 89001'04"East along the Northerly line of said parcel of land described on Exhibit B a distance of 532.27 feet to the Northeast comer of said parcel of land described on Exhibit B; THENCE South 12010'14"East along the Easterly line of said parcel of land described on Exhibit B a distance of 93.28 feet to the POINT OF BEGINNING; THENCE continuing South 12010'14"East along the Easterly line of said parcel of land described on Exhibit B a distance of 66.19 feet; THENCE South 88°43'37"West a distance of 1854.33 feet to the Westerly line of said parcel of land described on Exhibit B; THENCE North 00029'57"East along the Westerly line of said parcel of land described on Exhibit B a distance of 65.03 feet; THENCE North 88043'37"East a distance of 1839.80 feet to the POINT OF BEGINNING. Said strip of land contains 120,059 sq.ft.or 2.756 acres,more or less(±),and may be subject to any rights-of-way or other easements of record or as now existing on said described strip of land. SURVEYOR'S STATEMENT I,Michael Chad Dilka,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking and that it is true and correct to the best of my knowledge and belief. P O t F o 38106 n o Fs . Michael Chad Dilka-tm behalf of King Surveyors,Inc. - Colorado Licensed Professional Land Surveyor#38106 KING SURVEYORS,INC. 650 East Garden Drive Windsor,Colorado 80550 (970)686-5011 JN:2011537(2002202) Y:t20115371propeny descriptionsTSMT-FORT COLLINS4+5.doc Last printed 3/142012 2:15:00 PM EXHIBIT DRAWING EXHIBIT A (3 Of 3)1 SECTIONS 7 & 8, T.7N., R.69W. w mos 3w<-pw ama n.mn. x a" cva ze L3 L5 cF.7 < nno °io ° Qo m l2 Z � ci o oevi o n� n n I d v> o v c � v ,tn=ti I f� fYi a,O O O 2 W FUm ( ' N NO N ON Z N Z ZOw0�O N N c c of ¢n N O O OJJJpJiO 6F L pp J xH -0 `v < z ��. p Nti m° voo - z a I ¢w F R �Oaj t WU ?LE VCC _ ,S6'619Z M„LZ,6Z.00S_ _ _ JAI �I _ _ z E oi 3 3 ll I S614I21V38 !0 SISVB U�w�m 2 w to 00 O I °.ao 7^ 50 Nnm O M� in N °0 V a o\ ... .. xN zw� � �j • .� •s oc Nh 1 Ui Lfl '. 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