HomeMy WebLinkAbout010 - 02/05/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ORDINANCE NO. 010, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT ON HAZALEUS NATURAL AREA
TO PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS,the City is the owner of a parcel of real property located in the southwest quarter
of Section 11,Township 6 North, Range 69 West of the 6th Principal Meridian,County of Larimer,
State of Colorado,identified in County records as parcel numbers 961 13-00-908 96140-00-903 and
96140-00-923, also known as Hazaleus Natural Area (the "City Property"); and
WHEREAS,Public Service Company of Colorado,("PSCo")has requested a non-exclusive
utility easement and a temporary construction easement (collectively the "Easements") on portions
of the City Property for the benefit of its West Main High Pressure Natural Gas Line Replacement
Project (the "Project"); and
WHEREAS, the portion of the Project for which the Easements are needed consists of the
installation of anew underground natural gas pipeline and related fixtures and improvements running
from Loveland north through Fort Collins to Vine Drive as part of a larger system encompassing
Larimer, Weld and Boulder counties; and
WHEREAS,the proposed non-exclusive utility easement would be 50 feet wide,contain 3.8
acres, and run parallel to South Shields Street as shown and described on Exhibit"A", attached and
incorporated herein by reference (the "Pipeline Easement"); and
WHEREAS,the proposed temporary construction easement includes one larger areacovering .
1.4 acres, a second area covering 2.2 acres, three small areas totaling approximately.096 acres, and
a 25-foot wide area adjacent and parallel to the Utility Easement containing 1.9 acres, as shown and
described on Exhibits "B-1"through "B-6" attached and incorporated herein by reference
(collectively, the "Temporary Construction Easement"); and
WHEREAS, as mitigation and compensation for the proposed easements described above,
as well as additional easements across three other natural areas that the City Council is being asked
to approve by separate ordinances, PSCo has agreed to pay the City$2,000,000 in mitigation funds;
and
WHEREAS,the mitigation funds would include$83,557 in compensation for the requested
easements on all the Natural Areas properties at an average value of$5,515 per acre for permanent
easements and $880 per acre for temporary construction easements; and
WHEREAS, PSCo would also be required to restore any impacts to the City Property from
the Project in accordance with the Natural Areas Department's Resource Protection Standards, and
pay restoration maintenance fees and ecosystem impact fees; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Easements as described in this Ordinance; and
WHEREAS,Section 23-1 1 1(a)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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the City's conveyance to PSCo of the
Easements on the City Property as provided herein is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements to PSCo 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 15th day of
January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013.
OF FORpC ,
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ATTEST: 1
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City Clerk
Passed and adopted on final reading on the 5th day of February, A.D. 2013.
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City Clerk
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EXHIBIT A
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Sheet 1 of 3
PERMANENT EASEMENT, CITY OF FORT COLLINS PARCEL 6
A parcel of land lying in the West 1-lalf of Section 11, Township 6 North, Range 69 West, ofthe
6th Principal Meridian, County of Larimer, State of Colorado, said parcel also being a part of
that parcel of land as described under Reception Number 99105930, Larimer County Records,
said parcel being more particularly described as follows:
Beginning on the south line of the Southwest Quarter of said Section I I where the Southwest
Corner of said Section I I bears S88e29'24"W, 66.48 feet;
Thence N88e29'24"E, along said South line, 50.10 feet;
Thence N05e10'l5"W, 100.68 feet to a point on a line that is parallel with and 107.50
feet east, as measured at right angles, from the west line of said Southwest Quarter;
Thence N00e01'04"W, along said parallel line, 2542.56 feel to a point on a line that is
parallel with and 107.50 feet cast, as measured at right angles, from the west line of the
Northwest Quarter of said Section 1 1;
Thence NOOe16'57"W, along said parallel line, 675.47 feet to it point on the north line of
said parcel of land as described Under Reception Number 99105930;
Thence S88e40'03"W, along said north line, 50.01 feet to a point on a line that is parallel
with and 57.50 feet east, as measured at right angles, from the west line of said Northwest
Quarter:
Thence S00e16'57"E, along said parallel line, 676.50 feet to a point on a line that is
parallel with and 57.50 feet east, as measured at right angles, 1 om the west line of said
Southwest Quarter;
Thence SOOn01'04"E, along said parallel line, 2544.70 feet;
Thence S05e10'15"E, 99.73 Icet to a the Point of Beginning.
Containing 165,991 square feet (3.811 acres), more or less.
S9survey land projects r2t_(PSC0C 116546-5.0) 14th ST to Air Par klLega]Descriptions\Cily of Fort Collins-PE Parcel 6.doe
390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557
SEH is an equal opportunity employer i www.sehiiie.com 1 303.586.5800 1 303.586.5801 fax
Short Elliott Hendrickson - Sheet 2 of 3
For the purpose of this description, the basis of bearings is the west line of said Southwest
Quarter, being N00e01'04"W, monumented as shown and described on Exhibit F sheet 3 of 3
attached hereto and made a part hereof.
The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEH
Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on September 29, 2012 under Job
No. PSCOC 116546-5.0, for Public Service Company of Colorado, and is not to be construed as
representing a monumented land survey.
355931 `
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George A. Robinson, PLS 35593
S:\survey land projects r2\_(PSCOC 116546-5.0)141h ST to Air Park\Legal Descriptions\City of Fort Collins-PE Parcel 6.doc
390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557
SEH is an equal opportunity employer i www.sehine.com 1 303.586.5800 l 303.586.5801 lax
SHEET 3 OF 3
PERMANENT EASEMENT, CITY OF FORT COLLINS PARCEL 6
NW COR. SEC. 11
2-1/2"ALUM CAP S88°40'03"W 50.01'
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EXHIBIT B-1
SEH
Sheet 1 of 2
CITY OF FORT COLLINS TUA PARCEL 4
A parcel of land lying in the Southwest Quarter of Section .1 1, Township 6 North, Range 69
West, of the 6th Principal Meridian, County of Latimer, State of Colorado, said parcel also being
a part of that parcel of land described under Reception Number 99105930, Larimer County
Records, said parcel being more particularly described as follows:
Commencing at the Southwest Corner of said Section 1 I;
'thence N00e01'04"W, along the west line of said Southwest Quarter, 460.19 feet;
Thence N89e58'56"E, 132.50 feet to the Point of Beginning;
Thence N00'01'04"W, 300.00 feet;
Thence N89e58'56"E, 200.00 feet;
'thence S00e01'04"E, 300.00 feet;
Thence S89e58'56"W, 200.00 feet to the Point of Beginning.
Containing 60,000 square feet (1.337 acres), more or less.
For the purpose of this description, the basis of hearings is the west line of said Southwest
Quarter, being N00e01'04"W, monumented as shown on the attached illustration.
The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEI-1
Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on December 7, 2012 under Job
No. PSCOC 116546-5.0, for Public Service Company of Colorado, and is not to be construed as
representing a monumented land survey. �pNtuuutUpq//
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390 Union Boulevard,Suite 630,Lakewood,CO 60229-1557
SEH is an equal opportunity employer I www.sehinc.com 1 303.566.5600 1 303.586.6801 fax
CITY OF FORT COLLINS TUA PARCEL 4 SHEET 2OF2
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EXHIBIT B-2
SEH
Sheet 1 of 2
CITY OF FORT COLLINS TUA PARCEL 5
A parcel of land lying in the West Half of Section 11, Township 6 North, Range 69 West, of the 6th
Principal Meridian, County of Larimer, State of Colorado, said parcel also being a part of that parcel of
land described Under Reception Number 99105930, Larimer County Records, said parcel being more
particularly described as follows:
Commencing at the West Quarter Corner of said Section 1 1;
Thence N89e50'59"E, 132.50 feet to the Point of Beginning;
Thcnce NOO°I6'57"W, 677.02 feet to a point on the north line of said parcel of hand described
Under Reception Number 99105930;
Thence N88e40'03"E,along said north line,25.00 feet:
Thence SOO`]C57"E, 677.53 feet;
Thence SOTOI T4"E, 127.71 feet;
Thence N89e58'56"E, 200.00 feet;
Thence S00e01'04"E, 300.00 feet;
Thence S89e58'56"W,200.00 feet;
'thence SOO'O1'04"E, 127.05 feet;
Thence S89e58'56"W, 25.00 feet;
Thence NOOe01'04"W, 754.71 feet to the Point of Beginning.
Containing 95,800square feet (2.199 acres), more or less.
For the purpose of this description, the basis of bearings is the west line of the Southwest Quarter of said
Section 11, being S00e01'04"E, ntonumented as shown on the attached illustration.
The author of this description is George A. Robinson, PLS 35593, prepared on ��pptIIIIIIIObryy�y
behalf of SEI I Inc.. 390 Union Boulevard, Suite 630, Lakewood, CO 80228, \\\`\�pv 0 REC/ST����i
Oil December 7,2012 Under Job No. PSCOC 1 16546-5.0, for Public Service ��` A�%ti'•A-
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390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557
SEH is an equal opportunity employer I www.sehinc.com 1 303,586.5800 1 303.586.5801 fax
CITY OF FORT COLLINS TUA PARCEL 5 SHEET 2 OF 2
NW COR. SEC. 11
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EXHIBIT B-3
SEH
Sheet 1 of 2
TEMPORARY ACCESS EASEMENT, CITY OF FORT COLLINS PARCEL 6
A parcel of land lying in the Southwest Quarter of Section 11, Township 6 North, Range 69
West, of the 6th Principal Meridian, County of Larimer, State of Colorado, said parcel also being
a part of that parcel of land as described under Reception Number 99105930, Larimer County
Records, said parcel being more particularly described as follows:
Commencing at the Southwest Corner of said Section 11;
Thence NOO°OI'04"W, along the west tine of said Southwest Quarter, 467.44 feet;
Thence N89e58'56"I , 30.00 feet to a point on the cast right-of-way line of South Shields Street,
said point also being the Point of Beginning;
Thence N00e01'04"W, along said east right-of-way line 50.00 feet;
Thence N89e58'56"L, 27.50 feet;
Thence SOOe01 '04"E, 50.00 feet;
Thence S89e58'56"W, 27.50 feet to the Point of Beginning.
Containing 1,375 square feet (0.032 acres), more or less.
For the purpose of this description, the basis of bearings is the west line of said Southwest
Quarter, being N00e01'04"W, monumented as shown on the attached illustration.
The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SLH
Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on December 7, 2012 under Job
No. PSCOC 1 16546-5.0, for Public Service Company of Colorado, and is no construed construed as
representing a monumented lend survey. �s��a�t�p REGGS
George A. Robinson, PLS 35593
S:lsurvey land projects r2\_(PSCOC 116546-5.0)14th ST to Air PaWl-egaI DescriptionslCity of Fort Collins-TAE Parcel 6.doc
390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557
SEH is an equal opportunity employer I www.sehinc.com I 303.586,5800 1 303.586.5801 fax
CITY OF FORT COLLINS SHEET 2OF2
TEMPORARY ACCESS EASEMENT PARCEL
W1/4 COR, SEC. 11
2-1/2"ALUM CAP
PLS34176; 2002
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n EXHIBIT B-4
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Sheet 1 of 2
TEMPORARY ACCESS EASEMENT, CITY OF FORT COLLINS PARCEL 7
A parcel of land lying in the Southwest Quarter of Section 11, Township 6 North, Range 69
West, of the 6th Principal Meridian, County of Larimer, State of Colorado, said parcel also being
a part of that parcel of land as described under Reception Number 99105930, Larimer County
Records, said parcel being more particularly described as follows:
Commencing at the West Quarter Corner of said Section 1 1;
'thence SOOe01'04"E, along the west line of said Southwest Quarter, 5 13.1 1 feet;
Thence N89e58'56"E, 30.00 feet to a point on the east right-of-way line of South Shields Street,
said point also being the Point of Beginning;
Thence N89e58'56"E, 27.50 feet;
Thence SOOe01'04"E, 50.00 feet;
'thence S89e58'56"W, 27.50 feet to a point on said east right-of-way line;
"thence N00e01'04"W, along said east right-of-way line, 50.00 feet to the Point of
Beginning.
Containing 1,375 square feet (0.032 acres), more or less.
For the purpose of this description, the basis of bearings is the west line of said Southwest
Quarter, being S00e01'04"E, nonumented as shown on the attached illustration.
The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEI4
Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on December 7, 2012 under .lob
No. PSCOC 116546-5.0, for Public Service Company of Colorado, and is no� W construed as
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representing a monumented land survey. ,,\x`rt;A RMc T� ��
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S1survey land projects f21—(PSCOC 116546-5.0) 14th ST to Air Park%egaI DescriptionslCity of Fort Collins-TAE Parcel 7.doc
390 Union Boulevard,Suite 630,Lakewood.CO 80228-1557
SEH is an equal opportunity employer I www,sehine.com 1 303.586.5800 1 303.586.5801 fax
CITY OF FORT COLLINS SHEET 2 OF 2
TEMPORARY ACCESS EASEMENT PARCEL
POC
W1/4 COR. SEC. 11
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PLS34176; 2002
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Phone:303-586-5800
EXHIBIT B-5
SEH
Sheet 1 of 2
TEMPORARY ACCESS EASEMENT, CITY OF FORT COLLINS PARCEL 8
A parcel of land lying in the Northwest Quarter of Section 11, Township 6 North, Range 69
West, of the 6th Principal Meridian, County of Larimer, State of Colorado, said parcel also being
a part of that parcel of land as described under Reception Number 99105930, Larimer County
Records, said parcel being more particularly described as follows:
Commencing at the West Quarter Corner of said Section 11;
Thence NOOe16'57"W, along the west line of said Northwest Quarter, 548.79 feet;
Thence N89e43'03"E, 30.00 feet to a point on the east right-of-way line of South Shields Street,
said point also being the Point of Beginning;
Thence NOOe16'57"W, along said cast right-of-way line 50.00 feet;
Thence N89°43'03"E, 27.50 feet;
Thence SOOel6'57"E, 50.00 feet;
Thence S89e43'03"W, 27.50 feet to the Point of Beginning.
Containing 1,375 square feet (0.032 acres), more or less.
For the purpose of this description, the basis of bearings is the west line of said Northwest
Quarter, being NOOe16'57"W, monumented as shown on the attached illustration.
The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEH
Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on December,7, 2012 under .lob
No. PSCOC 1 16546-5.0, for Public Service Company of Colorado, and is no�tto construed as
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representing a monumented land survey. `\\�00`t�p�Rec.7/// �
35593
George A. Robinson, PLS 35593
Sasmvay land projects r2\_(PSCOC 116546-5.0) 14th ST to Air Park\LegaI DescriptioWCity of Fort Collins-TAE Parcel 8.doc
390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557
SEH is an equal opportunity employer I www.sehinc.com 1 303.586.5800 1 303.586.5801 fax
CITY OF FORT COLLINS SHEET 2 OF 2
TEMPORARY ACCESS EASEMENT PARCEL
NW COR. SEC. 11
2-1/2"ALUM CAP
PLS34176; 2002
LAWRENCE PATTERSON
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Phone:303-586-5800
EXHIBIT B-6
SEH
Sheet 1 of 2
CITY OF FORT COLLINS TE PARCEL 5
A parcel of land lying in the West Half of Section I I, Township 6 North, Range 69 West, of the
6th Principal Meridian, County of Larimer. State of Colorado, said parcel also being a part of
that parcel of land as described under Reception Number 99105930, Larimer County Records.
said parcel being more particularly described as follows:
Beginning on the south line of the Southwest Quarter of said Section I 1 where the Southwest
Corner of said Section 1 I bears S88e29'24"W, 116.58 teet;
Thence N88e29'24"E, along said South line, 25.05 feet;
Thence N05n10'15"W, 10 1.15 feet:
Thence NOOe01'04"W, 2541.50 feet:
Thence NOOe16'57"W, 677.02 feet to a point on the north line of said parcel of land as
described Under Reception Number 99105930;
Thence S88e40'03"W, along said north line. 25.00 feet;
Thence SOOel6'57"E, 676.50 feet;
Thence S00001'04"E. 2542.56 feet:
Thence S05e10'15"E. 100.68 feet to a the Point of Beginning.
Containing 82,993 square feet (1.905 acres), more or less.
For the purpose of this description, the basis of hearings is the west line of said Southwest
Quarter, being N00e01'04"W, mornlmented as shown on the attached illustration.
The author of this description is George A. Robinson, PLS 35593, prepared �'NXgU0111111Aigy
on behalf of SEI-I Inc., 390 Union Boulevard. Suite 630, Lakewood. \\`\`vp� 0 REG/ST%
CO 80228, on September 29. 2012 under Job No. I'SCOC ••A•R••:F °
1 16546-5.0, for Public Service Company of Colorado, and is not to be ga-ci�
construed as representing a monumented land survey.
George A. Robinson, PLS 35593
S:\survey land projects 0_(PSCOC 116546-5.0)14th ST to Air ParklLegaI Descriptions\City of Fort Collins-TE Parcel 5.doc
390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557
SEH is an equal opportunity employer I www.sehinc.com 1 303.586.5800 •1 303.586.5801 fax
CITY OF FORT COLLINS TE PARCEL 5 SHEET 2OF2
NW COR. SEC. 11
2-1/2"ALUM CAP fill
88°40'03"W 25.00'
PLS34176; 2002
N.LINE REC#99105930
ZIN
50'PERMANENT EASEMENT
i
CITY OF FORT COLLINS
S00°1657"E I N00°16'57"W WARRANTY DEED
676.50' 677.02' REC.#99105930
I
I
NW1A SEC. 11
z5 T6N, R69W
I I
C1/4 COR. SEC. 11
�w I 2-1/2"ALUM CAP
/ LS23513
W1/4 COR. SEC. 11 F -------------------------------
2-1/2"ALUM CAP Ip
PLS34176; 2002 IW I
I I
TE PARCEL
�F I 82,993 S. F. (1.905 AC.) M/L
to I
W LINE, SW1/4 SECTION 11
I
BASIS OF BEARINGS I
N00001'04"W 2645.62' I i SW1/4 SEC. 11
T6N, R69W
S00°01'04"E N00°0104"W
2542.56' I 2541.50'
I I
i I CITY OF FORT COLLINS
WARRANTY DEED
REC.#99105930
50'PERMANENT EASEMENT
S05010'15"E 100.68' z5'
N05°10'15'W 101.15' 2-1/2"ALUM CAP
SW COR. SEC. 11 ) S1/4 COR. SEC. 11
LS14823
2-1/2"ALUM CAP --__#
PLS34176; 2002 N88°29'24"E 2689.76�
S88029'24"W 66.48' N88029'24"E 25.05' W. TRILBY ROAD
POINT OF BEGINNING