HomeMy WebLinkAbout063 - 05/07/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON SPRINGER AND WILLIAMS NATURAL AREA ORDINANCE NO. 063, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
UTILITY EASEMENT ON SPRINGER AND WILLIAMS NATURAL AREAS
TO PLATTE RIVER POWER AUTHORITY
WHEREAS,the City is the owner of certain real property located in the City of Fort Collins,
Larimer County, Colorado,known as Springer Natural Area and Williams Natural Area(the "City
Property"); and
WHEREAS,Woodward,Inc. ("Woodward")is proposing a development(the"Project")on
the former Link-N-Greens golf course property, adjacent to the City Property (the "Woodward
Property"); and
WHEREAS,as part of its Project,Woodward is working with Platte River Power Authority
(Platte River) to reroute an overhead electric transmission line that currently crosses both the
Woodward Property and the City Property; and
WHEREAS, the portion of the Platte River transmission line that is on the City Property is
located in an easement that Platte River obtained in 1982 from a previous owner of the City
Property; and
WHEREAS, Platte River is requesting a new easement 60 to 100 feet wide and
approximately 550 feet in length across the City Property for the relocation, installation and
maintenance of the transmission line; and
WHEREAS,the proposed easement would be in the approximate location shown on Exhibit
"A", attached and incorporated herein by reference (the "Easement'); and
WHEREAS, Platte River is also requesting a temporary construction easement on the City
Property(the "TCE"); and
WHEREAS, the exact location of the relocated transmission line has not yet been
determined,but Platte River would prepare a precise legal description for the Easement and the TCE
before the City executes the documents conveying the Easement and TCE; and
WHEREAS,the City will not convey the Easement and TCE if Woodward does not proceed
with its proposed project; and
WHEREAS, if Platte River does relocate its transmission line, it has agreed to vacate a
portion of its 1982 easement on the City property upon completion of the relocation; and
WHEREAS, PRPA has paid an administrative fee of$1500 to cover City staff time related
to the processing of the Easement, and would also pay approximately$80,000 in compensation for
the Easement and TCE, restoration fees, and Ecosystem Impact Fees, as required by the Natural
Areas and Conserved Lands Easement Policy; and
WHEREAS, Section 23-111 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 conveyance of the Easement and
TCE on the City Property to Platte River 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 Easement and TCE to Platte River 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 or effectuate the purposes of this Ordinance, as long as such changes do not materially
increase the size or change the character of the Easement.
Introduced, considered favorably on first reading, and ordered published this 16th day of
April, A.D. 2013, and to be presented for final passage on the 7th day of May, A.D. 2013.
y OF FORT
Gam,' 'cp< 7�LC P�C� /,!/xc-OsGLG
:r M4or
ATTEST: 'R ADO
���� ai
!N� �O'' • ... ..
City Clerk
Passed and adopted on final reading on the 7th day of May, A.D. 2013.
Ma or
ATTEST:
e
City Clerk/ KL �p f
Proposed Platte River Easement Area EXHIBITA
a
- - _ New Pole on Williams NA
i
- • R
EaIgInR Pale,
Praposetl N.Po4s
yj Proposed Platte River P.oa„ea Al¢..a,
Easement Area °arte1 Boen°•n.
PRPA Ge eol Easement area
�h�nni{PRPA Tnnrmlrswn Dne
rlry a(Fart(°Ilinf Nptural Are.
r Y
Project Area
a
.,tar�mer county
C Existing Pole to be moved 4P _
10-20'to the west
G 125 250 500
sIFeet
N
!, '. CltYof
w E Fort Collins ;r,
� r`+-;
I(Y� S Areas
l t
1� Creeletl Dy Clry al Pon CnIII-Nx uml Areas-201J Q
I/