HomeMy WebLinkAbout011 - 02/05/2013 - AUTHORIZING THE CONVEYANCE OF TWO NON-EXCLUSIVE UTILITY EASEMENTS ON KINGFISHER POINT NATURAL AREA T ORDINANCE NO. 011, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TWO NON-EXCLUSIVE UTILITY
EASEMENTS ON KINGFISHER POINT NATURAL AREA
TO PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS,the City is the owner of a parcel of real property located in Sections 17 and 18,
Township 7 North, Range 68 West of the 6th Principal Meridian, County of Latimer, State of
Colorado, identified in County records as parcel number 87173-00-922,which is part of Kingfisher
Point Natural Area (the "City Property"); and
WHEREAS, a gas pipeline and an underground electrical line owned by Public Service
Company of Colorado, ("PSCo") are currently located on the City Property in an undeveloped 100-
foot public road right-of-way that was dedicated to the City in 1973; and
WHEREAS, the existing gas pipeline is also located within an easement or license area
created by a 1962 agreement, subject to which the City purchased the City Property; and
WHEREAS, PSCo is planning to construct the West Main High Pressure Natural Gas Line
Replacement Project, consisting of the installation of a new 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 Latimer, Weld and Boulder counties (the "Project"); and
WHEREAS, as part of the Project PSCo plans to install a new underground natural pipeline
within the undeveloped right-of-way on the City Property; and
WHEREAS, the City's Natural Areas Department is in the process of requesting that the
undeveloped right-of-way on the City Property be vacated; and
WHEREAS, if the right-of-way is vacated, PSCo would need easements from the City for
its new gas line as well as for the existing electrical line; and
WHEREAS,the two proposed non-exclusive utility easements(the"Easements")would each
be 50 feet wide and run parallel to each other approximately within the area that is now right-of-way;
and
WHEREAS,the precise location of the Easements would be surveyed and legal descriptions
prepared following completion of the pipeline work on the City Property; and
WHEREAS, in exchange for the grant of the Easements, PSCo has agreed to terminate or
vacate its rights under the 1962 agreement; 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 compensation of$83,557 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,
although all the work on this City Property is expected to be done by boring, so no surface
disturbance is anticipated; 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.
, FOIZTc iuiL�rC/
c,?• ••�<<� Ma or
ATTEST:
City Clerk '''
-2-
Passed and adopted on final reading on the 5th day of February, A.D. 2013.
May
ATTEST:
Of,FOp ..
(l/IVI pf.
:r
City Clerk A A Z
CO
o'.
�Q�ac�o.
3