HomeMy WebLinkAbout070 - 07/05/2011 - AUTHORIZING THE CONVEYANCE OF A WATERLINE EASEMENT, ACCESS EASEMENT, AND TEMPORARY CONSTRUCTION EASE ORDINANCE NO. 070, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A WATERLINE EASEMENT, AC SS
EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT ON Y
PROPERTY TO THE CITY OF GREELEY
WHEREAS, the City owns a certain parcel of real property locate in Larimer County,
Colorado, known as the City Ditch (the "City Property"); and
WHEREAS, the Larimer County Canal No. 2 Irrigating Com y(the "Canal Company")
utilizes the City Property through an existing easement agreement th the City; and
WHEREAS, the City of Greeley ("Greeley"), is in the rocess of acquiring the necessary
easements for its Bellvue Waterline Project, which will tr sport water from Greeley's Bellvue
Water Treatment Plant to Greeley water customers (the " oject"); and
WHEREAS, as part of the Project, Greeley h asked the City to convey to it a permanent
easement and a temporary construction easement o he City Property as described in Exhibit"A",
attached hereto and incorporated herein by this re rence,and Greeley has asked the City to convey
to it an access easement on the ditch-access oad to reach the City Property (collectively the
"Easements"); and
WHEREAS, the requested pe ent easement is .19 acres in size and the requested
temporary construction easement is .1 acres; and
WHEREAS,City staff has aluated whether the Easements would interfere with the City's
intended use or the Canal Co pany's use of the Property, and has concluded that no such
interference would result fro e Easements; and
WHEREAS, as co ideration for the Easements, Greeley has agreed to pay the City$3,545
for the Easements, base n the estimated fair market value of the Easements, and to also pay the
cost of the City staff ti e required for the processing of the Easements; and
WHEREA City staff has negotiated easement forms that provide for City review and
approval of cons ction plans for the portions of the Project on the Easements, for avoidance of
surface and oth potential impacts from the construction and operation of the improvements, and
for restoratio of the Easement areas in accordance with the City's Natural Areas Resource
Protection dards; and
EREAS,the permanent easement,temporary construction easement and access easement
docum is negotiated by staff,dated April 15,2011 (the"Easement Documents"), are on file in the
offic of the City Clerk and available for inspection; and
WITHDRAWN ON FIRST READING
6/7/11
WHEREAS,City staff has identified no negative impacts to the City or the City Water Utilit
that would result from the grant of the requested Easements or installation of the waterline; an
WHEREAS, on December 6, 2010, the proposed Easements were presented to the Ater
Board for consideration, and the Water Board voted unanimously to recommend approv of the
Easements; and
WHEREAS, on December 8, 2010, the proposed Easements were present to the Land
Conservation and Stewardship Board for consideration,and the Land Conservatio nd Stewardship
Board voted unanimously to recommend approval of the Easements; and
WHEREAS, Section 23-111(a)of the City Code provides that the C' Council is authorized
to sell, convey, or otherwise dispose of any and all interests in real pro rty owned in the name of
the City for apart of the City's utility system,provided that the Counci first finds,by ordinance,that
such sale or other disposition will not materially impair the viabili of the affected utility system
as a whole and that it will be for the benefit of the citizens of the ty and in the best interests of the
City.
NOW, THEREFORE, BE IT ORDAINED BY T COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the E ements to Greeley as provided herein will not
materially impair the viability of the affected utili system as a whole and will be for the benefit of
the citizens of the City and in the best interests the City.
Section 2. That the Mayor is reby authorized to execute such documents as are
necessary to convey the Easements to reeley, on terms and conditions consistent with this
Ordinance and in a form substantially e same as the Easement Documents, together with such
additional terms and conditions as t e City Manager, in consultation with the City Attorney,
determines are necessary or appropri e to protect the interests of the City,including,but not limited
to,any necessary changes to the le I descriptions of the easements,as long as such changes do not
materially increase the size or c ge the character of the easements.
Introduced,considere avorably on first reading,and ordered published this 7th day of June,
A.D. 2011, and to be prese ed for final passage on the 5th day of July, A.D. 2011.
Mayor
ATTEST:
City Cler
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Passed and adopted on final reading on the 5th day of July, A.D. 2011.
Mayor
ATTEST:
City Clerk
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