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Home My WebLink About111 - 09/02/2014 - AUTHORIZING THE CONVEYANCE OF A SHARED ACCESS EASEMENT ON CITY PROPERTY TO PUBLIC SERVICE COMPANY OF ORDINANCE NO. 111, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A SHARED ACCESS EASEMENT ON CITY PROPERTY TO PUBLIC SERVICE COMPANY OF COLORADO WHEREAS, the City owns a parcel of land at the southwest corner of Prospect Road and Timberline Road identified in the records of the County Assessor as parcel number 87191-00- 917 (the "City Property"); and WHEREAS, the City Property is the location of an electric power substation and transmission facility that is operated by Platte River Power Authority ("Platte River"); and WHEREAS, Public Service Company of Colorado, Inc. (PSCo) owns a small tract of land on Timberline Road identified in County records as parcel number 87191-00-826 (the "PSCo Property"), which is surrounded on three sides by the City Property; and WHEREAS, both the City Property and the PSCo Property have historically been accessed by means of a shared driveway, which a recent survey shows is partly on the City Property and partly on the PSCo Property; and WHEREAS, no easement has ever been recorded for the driveway; and WHEREAS, the City and PSCo would like to establish an easement of record on their respective properties for a right of shared access by both parties and their agents, assignees and licensees, including Platte River; and WHEREAS, the location of the proposed easement on the City Property is described on Exhibit "A", attached and incorporated herein by reference (the "Easement"); and . WHEREAS, the City does not plan to charge PSCo for the Easement on the City Property because, as consideration for the Easement, PSCo has agreed to grant the City reciprocal rights on the PSCo Property; and WHEREAS, City staff has not identified any negative impacts to the City resulting from the granting of the Easement; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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: _ 1 _ Section 1. That the conveyance of the Easement on the City Property to PSCo 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 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 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 19th day of August, A.D. 2014, and to be presented for final passage on the 2nd day of September, A.D. 2014. OF.F O R T c0< �� GcJ.f.G7JQ2.u.►4L� , .. % v. M yor ATTEST: � y I cOtoRAOV City Clerk Passed and adopted on final reading on the 2nd day of September, A.D. 2014. M yor ATTEST: of FORT colt N u U. �3J 1�ItJ City Clerk �C� 6• ••cOkORP�O 2 Exhibit"A" S EII E` Sheet 1 of 3 JOINT ACCESS EASEMENT PSCOC PARCEL A parcel of land lying in the Northeast Quarter of Section 19, Township 7 North, Range 68 West, of the 6th Principal Meridian, County of Larimer, State of Colorado, said parcel also being a part of that parcel of land as described in Book 1562, Page 62, Larimer County Records, said parcel being more particularly described as follows: Beginning at the southwest corner of that parcel of land as described under Reception Number 20090044122, Larimer County Records; Thence S89e56'31"E, along the south line of said parcel of land described under Reception Number 20090044122 and the south line of that parcel of land described in Book 2069, Page 866, Larimer County Records and the extension thereof, 72.00 feet to the west line of Timberline Road as described under Reception Number 20140003332, Larimer County Records; Thence S00e03'29"W, along said west line, 15.92 feet; Thence N89e56'31"W, 147.04 feet; Thence NOO°Oi'29"E, 24.00 feet to a point of non-tangent curvature; Thence along the arc of a curve to the left having a central angle of 90e00'00", a radius of 6.50 feet, an arc length of 10.21 feet and a chord bearing N45e03'29"E, 9.19 feet to a point of reverse curvature; Thence along the arc of a curve to the right having a central angle of 89e10'22", a radius of 51.50 feet, an are length of 80.15 feet and a chord bearing N44e38'40"E, 72.30 feet to a point of tangency; Thence N89°13'51"E, 17.78 feet to a point on the west line of said parcel of land described under Reception Number 20090044122; Thence SOOn03'29"W, along said west line, 22.00 feet; Thence S89°13'51"W, 17.46 feet to a point of curvature; Thence along the are of a curve to the left having a central angle of 89e10'22", a radius of 29.50 feet, an arc length of 45.91 feet and a chord bearing S44°38'40"W, 41.42 feet to a point of compound curvature; S:\survey Iand projects r21_(PSCOC 116546-5.0)14th ST to Air Park\Legal DescriptionsWoint Access Esmt-PSCOC Parcel.doc 12640 West Cedar Drive,Suite F,Lakewood,CO 80228-2029 SEH is an equal opportunity employer 1 www.sehinc.com 1 303.586.5800 1 Exhibit"A" Shod Elliott Hendrickson Sheet 2 Of 3 Thence along the arc of a curve to the left having a central angle 90e00'00", a radius of 6.50 feet, an arc length of 10.21 feet and a chord bearing S44e56'31"E, 9.19 feet to a point of tangency; Thence S89e56'3I"E, 40.04 feet to a point on the west line of said parcel of land described under Reception Number 20090044122; Thence S00°03'29"W, along said west line, 8.08 feet to the Point of Beginning. Containing 4,883 square feet (0.112 acres), more or less. For the purpose of this description, the basis of hearings is the east line of said Northeast Quarter, being S00e03'29"W, monumented as shown and described on sheet 3 of 3 attached hereto and made a part hereof. The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEH Inc., 12640 West Cedar Drive, Suite F, Lakewood, CO 80228, on April 30, 2014 under Job No. PSCOC 116546-5.0, for Public Service Company of Colorado, and is no t�a4 jnO�e Construed as aa� biq representing a matumentcd land survey. \\" t) REc�Sr,%,, voo vk A. =A:LLJ 35593 g _ '. {/3u George A. Robinson, PLS 35593 Sisurvey land projects r21_(PSCOC 116546-5.0)14th ST to Air Park\Legal DescriptionsUoint Access Esmt-PSCOC Parcel.doc 12640 West Cedar Drive,Suite F,Lakewood,CO 80228-2029 SEH is an equal opportunity employer I www.sehitic.com 1 303.586,5800 1 Exhibit "A" JOINT ACCESS EASEMENT SHEET 3 OF 3 PSCOC PARCEL LINE TABLE LINE BEARING DISTANCE NE CORNER SEC. 19 L1 S89°56'31"E 72.00' FND 3-1/4"ALUM CAP L2 S00°03'29"W 22.00' LS 34995; 2004 L3 S89013'51"W 17.46' L4 S89056'31"W 40.04' n N L5 S00003'29"W 8.08, N CURVE TABLE CURVE DELTA I RADIUS LENGTH CH BEARING CHORD Q OZ N C1 89010'22" 29.50' 45.91' S44°38'40"W 41.42' 0 U o C2 90°00'00"1 6.50' 10.21' S44°56'31"E 9.19, z 0 J � � w w (D m z z Ld it NE1/4 SEC. 19 ~ w T7N, R68W o w w CITY OF FORT COLLINS PSCOC co BOOK 1562 PG 62 SPECIAL WARRANTY DEED w REC#20090044122 N89°13'51"E 17.78' A=89°10'22" R=51.50', L=80.15' WESTERN SLOPE CH=N44°38'40"E 72.30' GAS COMPANY L3 BOOK 2069 PG 866 A=90°00'00" p� � R=6.50', L=10.21' POINT OF BEGINNING CH=N45°03'29"E 9.19' C2 L4 SW CORNER REC#20090044122 L1 N00°03'29"E LS 24.00' S0 2 15.92' 15.9 ' PSCOC PARCEL 11\189�56'31"W 3 M 147.04' o 4,883 S. F. (0.112 AC.) M/L o � N O � E1/4 COR. SEC. 19 3.25"ALUM CAP LS 17497