HomeMy WebLinkAbout095 - 07/16/2013 - AMENDING ORDINANCE NO. 068, 2013, AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT IN ORDINANCE NO. 095, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ORDINANCE NO. 068, 2013, AUTHORIZING THE CONVEYANCE
OF A NON-EXCLUSIVE UTILITY EASEMENT IN A PORTION OF
SOUTH SHIELDS STREET TO PUBLIC SERVICE COMPANY OF COLORADO,
TO INCREASE THE EASEMENT TERM FROM FIFTEEN.TO TWENTY YEARS
WHEREAS,the City is the owner of the current Shields Street right-of-way lying within the
southwest quarter of Section 34 and the southeast quarter of Section 35, Township 6 North, Range
69 West ofthe 6th Principal Meridian,County ofLarimer,State of Colorado,between Harmony Road
and a point 548 feet north, more or less, of the intersection between Troutman Parkway and Shields
Street (the"City Property"); and
WHEREAS, on May 7, 2013, the City Council adopted Ordinance No. 068, 2013,
authorizing the conveyance of a non-exclusive utility easement to Public Service Company of
Colorado ("PSCo") (the "Easement') on a portion of the City Property for the benefit of its West
Main High Pressure Natural Gas Line Replacement Project (the "Project'); and
WHEREAS,Ordinance No.068,2013 authorized the Easement for the limited term of fifteen
years, after which the natural gas pipeline would be governed by all requirements and limitations
applicable to utility lines, and particularly natural gas pipelines, in City rights-of-way; and
WHEREAS, Xcel has asked that the City extend the term of the Easement to twenty years
from the date of activation of the pipeline, rather than fifteen years; and
WHEREAS,staff has reviewed this request and has not identified any appreciable detriment
to the City that would result from the increased term length; and
WHEREAS, authorization of a longer term of the Easement would be consistent with the
terms that had been negotiated with PSCo, and would allow the Project to proceed as planned; and
WHEREAS, Section 23-11 l(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
Easement on the City Property as provided in Ordinance No. 068, 2013, for a term of twenty years
from the date of activation of the pipeline, 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 Easement to PSCo on terms and conditions consistent with Ordinance No.
068, 2013, for a term of twenty years from the date of activation of the pipeline as provided in 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 2nd day of July,
A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013.
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City Clerk
Passed and adopted on final reading on the 16th day of July, A.D. 2013.
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