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Home My WebLink About155 - 11/15/2011 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON CITY PROPERTY TO PUBLIC SERVICE CO ORDINANCE NO. 155, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON CITY PROPERTY TO PUBLIC SERVICE COMPANY OF COLORADO WHEREAS, the City is the owner of real property located in Fort Collins, Colorado, known as Tract D of McClelland's Creek PD & PLD and Tract D of McClelland's Creek PD & PLD 2nd Filing (the "Property"); and WHEREAS, the Property is part of the McClelland's Creek Drainage Basin and is owned and maintained by the City's Stormwater Utility; and WHEREAS, Public Service Company of Colorado (Xcel) is requesting a ten foot wide utility easement across the Property for the installation and maintenance of new gas line improvements that will serve a proposed residential development east of the Property; and WHEREAS, the proposed easement is in two sections described and shown on Exhibit "A", attached and incorporated herein by reference (the "Easement"); and WHEREAS, Xcel has agreed to pay the City $1,150 as compensation for the Easement and for City staff s time to process this request; and WHEREAS, City Utilities staff has reviewed and approved the proposed Easement and related work on the City's Property; and WHEREAS, the Water Board voted unanimously to recommend approval of the Easement conveyance at its regular meeting on October 20, 2011; and WHEREAS, Section 23-111 of the City Code states 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 and, with respect to real property that is part of the City's utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement on the Property to Xcel as provided herein is in the best interests of the City, will not materially impair the viability of the Stormwater utility system, and is for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to Xcel 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 to be necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, 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 1st day of November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D. 2011. O�FpRTC�� A. ':ZN MCI or U. i ATTEST: SIOAL • : LL •C�LORP� City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2011. yor �pF FORT M0 ATTEST: City Clerk V .....pO EXHIBIT A Page 1 of 4 SEH PARCEL A A ten (10) foot wide strip of land lying in the Northeast one-quarter (NE1/4) of Section 9, Township North, Range 60 West, of the 6th Principal Meridian, County of Larimer, State of Colorado, being a portion Outlot D, plat of MCCLELLAND'S CREEK PD& PLD SECOND FILING under Reception Number 20080000435, Larimer County Records, lying five(5)feet on each side of the following described line: Beginning on the north line of said Outlot D, from which the northeast corner of said Section 9 bears N64020'07°E, 1778.60 feet; Thence S89055'62"E, along a line that lies five (5)feet north of and parallel with the north line of that 30' South Fort Collins Sanitation District Easement as shown on said plat, 155.83 feet, to the east line of said Outlot D, the Point of Terminus. The sidelines of said ten (10) foot wide strip are to be lengthened or shortened to terminate on the north and east lines of said Outlot D. Parcel A contains 1,562 square feet(0.036 acres) more or less. An illustration for this description is attached hereto and made a part hereof. For the purpose of this description, bearings are based on the north line of said Northeast one-quarter (NE1/4),which Is assumed to bear S88028'48"E. The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEH, 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on August 17, 2011, under Job No. 115147-27.0, for Public Service Company of Colorado, and Is not to be construed as representing a monumented land survey. a��tutuurnm�i�i 1,\\��N0�0•REG�T�,,�4 S`�..•• =z;�01 35593 $: _ 5SEt g/17/l l ; Q4 George A. Robinson, PLS 35593 SASurvey land projects r21_(PSCOC 115147-27.0)McClelland's CreekWesc\Parcel A•outldt C.doc 390 Union Boulevard,Suite 630,Lakewood,CO 80228.1567 SEH 13 an equal opportunity employer I www.sehine.com 1 303.586.5800 1 303.586.6601 fax EXHIBIT A Page 2 of 4 ILLUSTRATION FOR PARCEL A S88"28'48"E(BASIS OF BEARINGS) N114 COR,SEC.9, N.LINE,NE 11 — — — ----�� CONC.NAIL(PER MONUMENT TIES SET BY LS 17497) NE COR,SEC. LS 17497(2002) NE 1/4, SEC. 9, Ilk� T6N, R68Wti°��6° i LOT 2 J� 0 J O POINT OF �O(S89"55'52"E l COMMON AREA LOT } BEGINNING 155.83' � N POINT OF TERMINUS 30'S.FT.COLLINS SANITATION DIST.EASE. d (MCCLELLAND'S CREEK PID I \ &PLD SECOND FILING) n \ —————— — \ C —————————————————— PARCEL A \ \\r 1,662S.F. (0.036Ac.)M/L OUTLOT D ,tom gOUTLOTD 8 U N e± 390 Union Boulevard s � oBp p Bp 630 ? Lakewood,Clora do 80228 Phone:303-588-5800 s FAX:303-586-5801 scale _60 feet �$Co6p� lR �dR�CT SE wvrw.sehlnc.com EXHIBIT A Page 3 of 4 SEH PARCEL B A ten (10) foot wide strip of land lying in the Northeast one-quarter (NE1/4) of Section 9, Township 6 North, Range 68 West, of the 6th Principal Meridian, County of Larimer, State of Colorado, being a portion of that tract of land as described In Reception Number 20100063172, Larimer County Records, lying five(5)feet on each side of the following described line: Beginning on the north line of Outlot D as shown on the plat of MCCLELLAND'S CREEK PD & PLD under Reception Number 20060024157, Larimer County Records„ from which the northwest corner of said Outlot D bears N90°00'00'W, 34,44 feet; Thence S00000'00"E, to the south line of said Reception Number 20100063172, 8.23 feet, the Point of Terminus. The sidelines of said ten (10) foot wide strip are to be lengthened or shortened to terminate on the north and south lines of said Reception Number 20100063172. Parcel B contains 82 square feet more or less. An illustration for this description is attached hereto and made a part hereof. For the purpose of this description, bearings are based on the north line of said Northeast one-quarter (NE1/4),which is assumed to bear S88028'48"E. The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEH, 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on August 31, 2011, under Job No. 115147-27.0, for Public Service Company of Colorado,and is not to be construed as representing a monumented land survey. �\\\`00;111111 UNir/�i� _ s -� 35593 1 ; ,A F 4//p�� Ill 111U\ George A. Robinson, PLS 35593 S:\survey land projects r2l (PSCOC 115147-27.D)McClelland's CreakiDeWl)arcel B-Outlot D.doc 390 Union Boulevard,Suite 630,Lakewood,CO 80228.1557 SEH is an equal opportunity employer I www.sehinc.com 1 303.566.6800 1 303.586.5801 fax EXHIBIT A Page 4 of 4 ILLUSTRATION FOR PARCEL B , _ _ S88'28148"E(BASIS OF BEARINGS) N1/4 COR,SEC.9, N.LINE,NE 11 CONC. NAIL(PER MONUMENT TIES SET BY LS 17497) NE COR,SEC.9, LS 17497(2002) NEIA, SEC. 9, T6N, R68W LOT rat'.i POINT OF BEGINNING PARCEL B N9o°00'00'W 82 S.F.M!L 34.44' u 0 O� ON of N.LINE,OUTLOT D& N.LINE,REC.NO.20100063172 NW COR, REC.NO.20100063172 OUTLOT D POINT OF TERMINUS OUTLOT D l..' W LOT 1,BLOCK 3 v \\ 4J OUTLOTD C�'\o�!� S 41 ;�� \�` n.. LOT 2,BLOCK 3 10 G 2 fz LOT 4,BLOCK 3 F. LOT 5,BLOCK 3 b e c 390 Union Boulevard Suite 630 n 60 0 60 ® Lakewood,Colorado80228 aG Phone:303-586-5800 scale 1"=60' feet �(p��. ��a( `�GSEH F�� .sehin .00rn wX:303hi 8M80 e