The URL can be used to link to this page

Home My WebLink About066 - 07/07/2015 - AUTHORIZING THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT ON CITY PROPERTY TO THE CITY OF GREELEY ORDINANCE NO. 066, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT ON CITY PROPERTY TO THE CITY OF GREELEY WHEREAS, the City owns a certain parcel of real property located in Larimer County, Colorado, known as the City Ditch (the "City Property"); and WHEREAS, the Latimer County Canal No. 2 Irrigating Company (the "Canal Company") uses the City Property through an existing easement agreement with the City; and WHEREAS, the City of Greeley ("Greeley"), is in the process of acquiring the necessary easements for its Bellvue Waterline Project, which will transport water from Greeley's Bellvue Water Treatment Plant to Greeley water customers (the "Project"); and WHEREAS, on September 23, 2014, the City Council approved Ordinance No. 123, 2014, authorizing the conveyance to Greeley of a waterline easement, access easement, and temporary construction easement for the Project; and WHEREAS, as part of the Project, and in accordance with a settlement with a neighboring property owner, Greeley is t> w asking the City to convey to it an additional permanent access easement as described on 'Exhibit "A", attached and incorporated herein, to reach the waterline (the "Easement"); and WHEREAS, the Easement would be on an existing dirt road beside the ditch on the City Property, which runs from Bingham Hill Road north to the Poudre River; and WHEREAS, City staff has evaluated whether the Easement would interfere with the City's or the Canal Company's intended use of the Property, and has determined that no such interference would result from the Easement; and WHEREAS, as consideration for the Easement, Greeley has agreed to pay the City compensation of $9,025 for the value of the Easement and a $1,000 fee for City staff time required for the review, approval and processing of the Easement; and WHEREAS, City staff has identified no negative impacts to the City or the City Water Utility that would result from the grant of the requested Easement; 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 a part of the City's water or utility systems, that the disposition will not materially impair the viability of the utility system as a whole and will be for the benefit of the citizens of the City. - 1 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement to Greeley as provided herein will not materially impair the viability of the City's water utility system as a whole, will be for the benefit of the citizens of the City, and 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 Greeley, 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 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 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. QORT Coy ayor ATTEST: �✓L.^.RAO City Clerk Passed and adopted on final reading on the 7th day of July, A.D.2015. Foar coo Mayor ATTEST: , S City Clerk - 2 - Exhibit "A" Page 1 of 2 Permanent Access Easement A permanent access easement approximately 15 feet in width, generally on existing two-track farm and ditch access roads, commencing on the North (N) right of way line for Bingham Hill Road, and then in a generally northwesterly direction across a portion of the property described as Tract 2 of the Brinks Boundary Line Adjustment plat recorded February 21 , 2012 at Reception No . 20120011412 described as the "Ditch Road Access Easement" and depicted on the map attached as Exhibit A incorporated herein by this reference, solely for access to those certain Permanent Water Pipeline Easements and Temporary Construction Easements conveyed by LANDOWNER to GREELEY on property adjacent to the Access Easement and to certain other easements owned or to be owned by GREELEY on and under other property, which other easements are for the general purposes of surveying, locating, installing, constructing, maintaining, inspecting, repairing, altering, removing and replacing one or more buried water pipelines, and for related testing, monitoring, restoration, and reclamation activities on such other property (the "Access Easement") . 7Y DITCH EASEMENT FROM THE CITY OF FORT COLLINS TO LARIMER COUNTY CANAL NO. 2IRRIGATING COMPANY _ _ 27' FT. COLLINS WATERLINE AS - 40' NORTHEASTERLY & 30' SOUTHWESTERLY OF — — LOCATED IN FIELD PER FIELD LOCATES CENTERLINE OF CANAL (REC. NO. 20100044152)_ / _�11-A POLIO \ � _ / — — — / ^ �-/ \ WATERLINE EASEMENT, BOOK 1071 PG 199, COTTON WILLOW / DATED 11OJ1954 AND RECORDED 7/1 811 9 5 8, ESTATES SECOND FILING / OVERHEAD ELECTRIC \ \ BOOK 1311 PG 499, DATED 11OJ1954 AND REC. NO 72389 / ASIS GATED IN FIELD \ RECORDED 1111611969, NO WIDTH GIVEN 20' COMMUNICATION EASEMENT TO THE \ — — RANDALL LEE MOUNTAIN STATE & MARVLVN K. TELEPHONE AND WYLIE TELEGRAPH COMPANY \ \ I \ REG NO (BOOK 1159, PG 118) 20090010640 III \ • \ \ \ h 30' ELECTRIC EASEMENT APPROXIMATE LOCATION OF I I1 / / TO PUBLIC SERVICE LAND DESCRIBED IN DECREE \ CITY OF FORT COMPANY OF COLORADO \ OF COURT DATED JUNE 19, ! I COLLINS, BOO / ; (BOOK 1017, PG 121) \ 1883 AND RECORDED SEPT. 15, ; 87 PAGE 556 / / I \ \ \ THE STATE OF COLORADO, 18921N BOOK 87, PG 556 \ FOR THE USE OF THE GAME J' AND FISH DEPARTMENT LARIMER COUNTY CANAL NO. 2 \ \ \ \ \ BOOK l41 PAGE 161 NEW MERCER DITCH \ \\x 11 \ \\ %\N/ �, 1 \ JAMES S. BRINKS TRUST JAMES S_ BRINKS TRUST / /• \ \ 1 ; REC. NO. 20120009929 REG NO. 2012NO9929 / / I REG NO. 201200 . 1409 REG NO. 2012011409 I I REG NO. 20120011411 20' E�SEffyy11ENT TO THE CITY REG. NO. 20120011411 / / I 1 OF FdFITICOLLINS FOR AN 8" 1 0 PO�•y�rynLE WATERLINE (REG NO. 89038204) N THE •N \\ \ ' \ \ GRANT DATED FEBRUARY 182005 UST �, r 1�7 5- - .Sy \ \ REG NO 2005 0072385 HYDE LIVING TRUST TBACTI I I REG. NO. 00]8566 q�'Ic \ ` II \ FORT COLLINS/LARIMER COUNTY B1722 P291 — \ 7B4CT2 \ 1 29 UNDERGROUND WATERLINE EASEMENT TO THE CITY OF FORT \ \ \ \ \ V \ C COLLINS (REC. NO. 89012650) \ \ \ \ ^ \ \ \ \ I IA THE C CITY OF FORT COLLINS REG \ \ RICHARO DUNLAP '\ \ CITY OF \ REC. NO. 2003-0131764 \ FORT COLLINS \ \ PLAN TR4CT3 SCALE r=150' \ / ILEGEND NOTES: HUTH GREELEV WATERLINE 1_ THIS DRAWING IS NOT INTENDED TO BE MONUMENTALIZED 1 LAND SURVEY, ITS SOLE PURPOSE IS A GRAPHIC I DITCH ROAD ACCESS EASEMENT REPRESENTATION TO AID IN THE VISUALIZATION OF EASEMENT \ \ 1 LOCATIONS. • — — • — TRACT 2. FOR PROPERTY SURVEY, REFER TO BRINKS BOUNDARY LINE \\-. ADJUSTMENT PLAT REC. NO. 20120011412. BINGHAMHILL BD PROVIDENCE INFRASTRUCTURE CONSULTANTS 2WONGNED Br: W.DMIGn1Rr VERIFY SCALE RRWECT: 121M100 4901 EAST oar CREEK Boao, suuEnD avor DRAvm� By. N.PmraAN '"°"°""`"m CITY OF GREELEV BELLVUE TRANSMISSION sNEEr: 1 of 1 CENTENNwE Co 80132 .pp ONEcc1¢D Br. o.RICE ~� GREELEY ACCESS EASEMENT PROVIDENCE TEL Isas)Bw-seas rm, PIPELINE NORTHERN SEGMENT, PHASE 2 DRAWING, EX-A NFVO�UCTURECONSULTANTSwwx pmvidenceic c m Grtni Fzm0e GmnMe REVISIpJ CESCRIMION OF REVISION REOSE➢BV A PSNED BY A PRWE➢BY LIINOEEN