HomeMy WebLinkAbout176 - 12/16/2014 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON NORTH SHIELDS POND NATURAL AREA TO ORDINANCE NO. 176, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT
ON NORTH SHIELDS POND NATURAL AREA TO EAST LARIMER COUNTY
WATER DISTRICT
WHEREAS, the City is the owner of a parcel of real property located in Section 3,
Township 7 North, Range 69 West of the 61" Principal Meridian, County of Larimer, State of
Colorado, identified in County records as parcel number 9703100902, which is part of the North
Shields Ponds Natural Area (the "City Property"); and
WHEREAS, Larimer County (the "County") plans to start construction in early 2015 on
its North Shields widening and Cache La Poudre River bridge replacement project (the
"Project"); and
WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane
road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and
sidewalks from the Arthur Ditch north to Willox Lane;
WHEREAS, to accommodate the Project, the County has asked East Larimer County
Water District (ELCO) to relocate an existing meter vault currently located within the North
Shields right-of-way to a new location within the gravel parking lot on the City Property so that
the meter vault will be out of the paved right-of-way; and
WHEREAS, because the new location of the meter vault will be on the City Property,
ELCO is requesting a non-exclusive utility easement from the City to accommodate ELCO's
facilities; and
WHEREAS, the proposed easement is shown and described on Exhibit "A", attached and
incorporated herein by reference (the "Utility Easement"); and
WHEREAS, ELCO will pay the City $546 for the Utility Easement as well as a $1,500
administration fee for City staffs time to process the easement request; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Utility Easement as described in this Ordinance; and
WHEREAS, at its regular meeting on November 13, 2013, the Land Conservation and
Stewardship Board voted to recommend that the Council approve the conveyance of the Utility
Easement to ELCO; and
WHEREAS, Section 23-111(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.
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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 Utility
Easement on the City Property to ELCO 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 Utility Easement to ELCO 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 Utility Easement, as long as such changes do not materially increase the size or change the
character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
December, A.D. 2014, and to be presented for final passage on the 16th day of December, A.D.
2014.
�OF FORT
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ATTEST: �C: :cn
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City Clerk
Passed and adopted on final reading on the 16th day of December, A.D. 2014.
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EXHIBIT A
(1 of 2)
PROPERTY DESCRIPTION
A parcel of land being part of the South Half of the North Half of the Southeast Quarter of the Northeast
Quarter(Sl/2 N1/2 SETA NEl/4)(the original GLO plat designates the South Half of the said Northeast
Quarter as Lot No. 1,however said GLO plat also states that the said South Half contains 80 acres,
implying that it is aliquot,therefore I am assuming in this description that the said South Half is aliquot)
of Section Three(3),Township Seven North(T.7N.),Range Sixty-nine West(R.69 W.)of the Sixth
Principal Meridian(6"P.M.),County of Latimer,State of Colorado,and being more particularly
described as follows:
COMMENCING at the East Quarter(El/4)comer of said Section 3 and assuming the East line of the
Northeast Quarter(NEI/4)of said Section 3,being monumentalized by a#6 rebar with a 2'F."diameter
aluminum cap stamped"PLS 4502, 1997"in a monument box at the South end and by a 46 rebar with a 2
VP diameter aluminum cap stamped"PLS 29407,2005"in a monument box at the North end,as bearing
North 00*19'31"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,
North American Datum 1983/92,a distance of 2616.78 feet,with all other bearings contained herein
relative thereto:
THENCE North 00019'31"East along the East line of the Northeast Quarter(NE1/4)of said Section 3 a
distance of 703.15 feet to the intersection with the Easterly extension of the Northerly line of that buried
waterline easement described on Exhibit"B"in that Easement Agreement recorded October 11, 1978 in
Book 1898 at Page 3 as Reception No.274306 of the records of the Latmer County Clerk and Recorder;
THENCE North 89051'33"West along said Easterly extension and along said Northerly line of said
waterline easement a distance of 40.00 feet to the Westerly Right-of-Way line of North Shields Street
established by that Deed of Dedication recorded November 6,2014 as Reception No.20140064233 of the
records of the Latimer County Clerk and Recorder,said Westerly Right-of-Way line being Forty(40)
feet,as measured at a right angle,Westerly of and parallel with the East line of the Northeast Quarter
(NEI/4)of said Section 3,said point being the POINT OF BEGINNING;
THENCE continuing North 89051'33"West along said Northerly line of said waterline easement a
dismnce of 20.00 feet to a point being Twenty(20)feet,as measured at a right angle,Westerly of said
Westerly Right-of-Way line;
THENCE North 00019'31"East along a line being Twenty(20)feet,as measured at a right angle,
Westerly of and parallel with said Westerly Right-of-Way line a distance of 60.06 feet; ,
THENCE South 89040'29"East a distance of 20.00 feet to said Westerly Right-of-Way line;
THENCE South 000I9'31"West along said Westerly Right-of--Way line a distance of 60.00 feet to the
POINT OF BEGINNING.
Said parcel of land contains 1,201 sq.ft.or 0.028 acre,more or less(±),and may be subject to any rights-
of-way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
1,Michael Chad Dilka,a Colorado Licensed Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking and that it is true and
comet to the best of my knowledge and belief.
P O IC
9 :E 38106 vP.g
ss• ...
Michael Chad Dilka-on behalf of King Surveyors
Colorado Licensed Professional Land Surveyor#38106
KING SURVEYORS
650 East Garden Drive
Windsor,Colorado 80550
(970)686-5011
1N:2014894
R:20148941property descrlptionst2011894 METER VAULT EASEMENT.docx
Last printed 11/21/2014 1:41:00 PM
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NOTE This exhibit drawing Is not Intended to In h mosumzatio o land survey. It's sole
Michael Chad Dilko - on behalf of King Surveyors purpose is as a graphic representation to old in the visualization of the written property
Colorado Licensed Professional Land Surveyor #38106 description which it accompanies. The written property description supersedes the exhibit drawing.